March Networks Public Privacy Policy

1. Purpose and Scope

This Privacy Policy applies to personal information that March Networks receives during its business operations as a “data controller” — which means we determine the purpose and means of processing such personal information. For the purposes of this Policy, “Personal Information” or “Personal Data” means any information, recorded in any form, about an identified individual or an individual whose identity may be inferred or determined from the information. If permitted by applicable law, March Network may use personal information to generate anonymized or aggregated information that it may use and disclose at its discretion (“Aggregated Information”). Such Aggregated Information does not constitute Personal Data and is not subject to this Policy. March Networks retains the right to use Aggregated Information in any way that it determines appropriate.

Personal Information of employees is addressed in March Networks’ Employee Privacy Policy.

In the event you have questions about (a) exercising your privacy rights; (b) the collection, use, management or disclosure of Personal Information by March Networks; or (c) this Privacy Policy, you may contact March Networks’ Privacy Officer by sending an e-mail to privacy@marchnetworks.com; calling (613) 591-8181 or writing to March Networks, 303 Terry Fox Drive, Suite 200, Ottawa, Ontario, K2K 3J1, Canada.

2. March Networks’ Collection, Use and Disclosure of Personal Information

March Networks collects Personal Information directly from you when you use our Services, or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us. As described below, we may collect information and data, such as usage data and cookies, through automated means when you use the Site. We also obtain data from our trusted partners, such as security partners to protect against fraud, abuse, and other security threats to our Services. If you purchase our products from our distributors and business partners we may receive certain information about your purchase from them.

Except in connection with personnel and benefit administration, March Networks does not collect Personal Information from anyone under the age of eighteen (18), especially children under the age of sixteen (16).

Purposes for which we collect and use personal information

March Networks collects Personal Information in order to provide our Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Policy.

March Networks collects only such information from individuals or organizations as is required for the purposes of providing products, services or information to them.

March Networks uses the Personal Information provided verbally or in writing (including electronic media) by its affiliates, and also by, among others, its customers, consultants, users, channel partners, strategic partners, resellers, suppliers, contractors, and distributors (including their employees) in order to: (a) manage its relationship, including the provision of information about products and services, with among others, March Networks’ affiliates, customers, consultants, users, channel partners, strategic partners, resellers, suppliers, contractors and distributors; (b) deliver products and services (including without limitation, hosted software solutions) to customers; (c) meet any legal or regulatory requirement; and (d) such other purposes consistent with these purposes.

Disclosure of personal information

March Networks may disclose Personal Information to, among others, its affiliates, agents, contractors or third-party service providers, which perform services on behalf of the company or assist March Networks as part of its delivery of products, services or information. Using contractual or other arrangements, March Networks shall take steps to ensure that such Personal Information is used solely as directed by March Networks and that such affiliates, agents, contractors or third-party service providers, with respect to that information, act in a manner consistent with the relevant principles articulated in this Policy.

Personal Information may also be subject to transfer to another organization in the event of a proposed merger, sale of assets or business units or change of ownership of all or part of March Networks. This will occur only if the parties have entered into an agreement under which the use and disclosure of the information is restricted to those purposes that relate to the business transaction, and pursuant to which the information is subject to security safeguards and the obligation to return or destroy the information should the transaction not proceed. In the event that the transaction is completed, March Networks may use and disclose the Personal Information under its control for the purposes for which the information was originally collected, used or disclosed before the transaction was completed, with appropriate conditions as required by law.

As March Networks is a global organization, Personal Information may be shared among March Networks’, and/or its affiliates, offices or channel partners in other countries, including but not limited to Canada, the United States, APAC and the European Economic Area.

While March Networks will take all reasonable measures to ensure the standards of protection found in your jurisdiction are applied, this cannot always be guaranteed and Personal Information may be subject to local laws and accessed by law enforcement and other authorities in foreign jurisdictions. Your information may be stored and processed in Canada or any other country where March Networks, and/or its affiliates, suppliers, or channel partners are located. With regard to the specific rules concerning data transfers for users residing in the European Union, please refer to Section 3.

Providing Personal Information

Your provision of Personal Information to March Networks means that you are aware and agree that it may collect, use and disclose your Personal Information in accordance with this Privacy Policy. If you do not agree, you are requested not to provide any Personal Information to March Networks. You may wish to note that, in some instances, products, information or services can only be offered if you provide Personal Information to March Networks. If you choose not to provide March Networks with any required Personal Information, March Networks may not be able to offer you those products, services or information.

Please note that there are circumstances where the collection, use and/or disclosure of Personal Information, without consent, may, subject to the laws of the applicable jurisdiction, be justified or permitted. There are also circumstances where March Networks is obliged to disclose information without your consent. Circumstances in which March Networks may be required or permitted to collect, use and disclose Personal Information without consent include:

• Where required by the laws of the applicable jurisdiction or by order or requirement of a court, administrative agency or other governmental tribunal, including pursuant to a subpoena or warrant, or pursuant to a request made by a government institution that has lawful authority and for the purpose of administering or enforcing the law.
• Where March Networks believes, upon reasonable grounds, that it is necessary to protect the life, health or security of a person(s) or to identify an injured, ill or deceased person and communicate with his/her next of kin.
• Where it is necessary to establish or collect monies owing to March Networks.
• Where it is necessary to permit March Networks to prevent, detect or suppress fraud; to protect victims of financial abuse; or to pursue investigation of a contravention of law as permitted by law.
• Where the information is publicly available or constitutes Business Contact Information, as specified by applicable law.

In the event that you facilitate a transaction with March Networks, or request information from or otherwise engage with us, and such activities require March Networks to share your Personal Information with a service provider or other third party, you hereby consent to such disclosure and/or direct March Networks to intentionally disclose your Personal Information to the service provider or third party.

Accuracy and Retention

March Networks endeavors to ensure that any Personal Information provided and in its possession is as accurate, current and complete as necessary for the purposes for which March Networks uses that information.

March Networks retains Personal Information only for as long as it is necessary to fulfill the purpose for which it was collected. March Networks has in place procedures for the retention and subsequent disposition of March Networks’ records including those that contain Personal Information.

Currently, March Networks holds Personal Information in Canada as well as in other countries where March Networks does business.

Security

March Networks endeavors to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. However, no information system can be fully secure, and we cannot guarantee the absolute security of your Personal Information. Moreover, we are not responsible for the security of Personal Information you transmit to the Site and/or the services over networks that we do not control, including the internet and wireless networks, and you provide us with any Personal Information and data at your own risk. To the extent permitted by law, we shall not be liable or otherwise responsible for any data incident or event that may compromise the confidentiality, integrity, or security of your personal information caused by a third party. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information.

March Networks further protects Personal Information by restricting access to authorized employees and service providers that need to know the information in order that March Networks may provide its products, services or information. All persons authorized to process the Personal Information are obliged to keep it confidential.

March Networks’ Websites and Networks

March Networks provides clients and others with general access to public websites and restricted access to extranets. March Networks’ web servers track general information about visitors such as their domain name and time of visit. March Networks’ web servers also collect and aggregate information regarding which pages are being accessed. This information is used internally, only in aggregate form, to better serve visitors by helping March Networks to manage its Sites, diagnose any technical problems, and improve the content of March Networks’ websites.

Cookies and similar technologies

March Networks uses cookies on the Sites that this Privacy Policy refers to.

Cookies are small text files that are stored on your terminal device (e.g. laptop, tablet, smartphone) when visiting the Site. They can be used by March Networks — in which case they are installed directly by the Site, as well as by the March Networks’ partners (e.g. Google, YouTube) — in which case the cookies come from a site other than the one visited by you.

Cookies store information that is created in cooperation with your terminal device. Cookies used on each of the Sites are primarily used to ensure the proper operation of those Sites, including displaying their content. If you grant us separate consents for the installation of other cookies, they will also be used for the purposes of adjusting website settings, analytics and marketing. Below, March Networks provides detailed information on the cookies used and the possibility of managing their settings through the Site.

On the Sites, March Networks uses cookies of the following categories: technical, functional, analytical and marketing cookies.

You can obtain detailed information about the cookies used within a given category (including information about the name and purpose of the cookie and its expiration period) by clicking on a link on the footer of the Site entitled “Your Privacy Choices”. Clicking on this link will display a cookie banner — you should click on the “Settings” button available in this banner, and then select and expand the cookie category that interests you.

March Networks uses technical cookies in order to provide you with content and functionalities available through the Sites, including ensuring the correct operation of this service. The legal basis for processing your data is fulfilling the contract for the use of Services on each Site. Technical cookies may be installed through the Sites by March Networks, as well as trusted partners (e.g. YouTube).

Functional cookies are used by March Networks in order to remember settings that adjust the Sites to your choices (e.g. with regard to the selected language), including personalization of functionalities used by you. The use of these files requires your prior consent. You may consent to the use of functional cookies via the cookie banner available on the Sites, and may withdraw it at any time in the same manner. Functional cookies may be used by both us and our trusted partners. The legal basis for the processing of your personal data is the March Networks’ legitimate interest, consisting in improving the quality of the Sites, in connection with your consent.

Analytical cookies are used by March Networks to understand how you use the Sites, including where your web traffic comes from and what content is of your interest. The use of these cookies allows us to perform analysis of statistics, e.g. on the Sites’ visits in order to improve their quality and implement new functionalities. We analyze this information to understand user behavior and preferences, which enables us to provide you with personalized content and relevant messaging. This may involve using your browsing history to send you targeted advertisements or content that we believe may be of interest to you. the use of these cookies requires your prior consent. You may give your consent for the use of analytical cookies via the cookie banner available at the Sites, and may withdraw it at any time in the same manner. Analytical cookies may be used by both March Networks and its trusted partners. The legal basis for the processing of users’ personal data is March Networks’ legitimate interest in improving the Sites on the basis of analyses of its users’ activity, in connection with your consent.

Marketing cookies are used to display advertisements adjusted to your preferences, both on and off the Sites. The collection of information about you through these cookies is aimed at displaying advertisements to you, personalizing them, measuring their effectiveness and conducting marketing campaigns, including on external websites. The legal basis for the processing of personal data is March Networks’ legitimate interest in providing information promoting March Networks’ services and preparing dedicated content for users, in connection with your consent.

The use of functional, analytical and marketing cookies requires your separate consents. Your consent is not required only in the case of cookies necessary for the provision of the Sites’ access service. Without the use of technical cookies, it is not possible for March Networks to provide the access to the Sites.

You may give separate consents for the use of functional, analytical and marketing cookies through the cookie management platform (i.e. via a link on the footer of the Site entitled “Your Privacy Choices”or the cookie banner displayed upon accessing this Site).

You may manage the consents granted, including withdrawal of the consents granted at any time by invoking them via the cookie banner by clicking on a link on the footer of the Site entitled “Your Privacy Choices”. To withdraw a given consent, you should display the cookie banner by clicking on the abovementioned link, and then select the “Settings” button.

You can also delete cookies at any time from the position of your browser settings. Information on how to do this from different browsers can be found below:

a. Google Chrome

b. Mozilla Firefox

c. Safari

d. Internet Explorer

You may also check your cookie settings at any time, e.g. via http://optout.aboutads.info.

The Site uses the Google Analytics tool. This means that, when using the Site, data concerning your device and browser, IP address, and your activities on the website may be collected. Detailed information on Google Analytics can be found at: https://support.google.com/analytics/answer/6004245.

It is possible to block Google Analytics from being given information about your activity on the website by, for example, installing the browser add-on provided by Google (available at: https://tools.google.com/dlpage/gaoptout?hl=pl). Information on data processing by Google can be found in the Google services privacy policy (available at: https://policies.google.com/technologies/partner-sites)

From time-to-time, we may use on our Site certain pixels provided by our marketing partners, i.e. social media companies. You hereby agree and acknowledge that you are governed by the Terms of Use and Privacy policies applicable by those social media companies. March Networks is not responsible for the policies, procedures, conduct or legal compliance of those third parties, except to the extent required by applicable law.

Please note that for security purposes and to ensure that March Networks’ website and networks remain available for use, March Networks employs software programs to monitor network traffic, to identify unauthorized attempts to upload or change information, and to prevent denial of service or other attacks intended to cause damage. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of the applicable jurisdiction.

Links to Other Websites; Your Direct Third-Party Disclosures

As a resource to you, the Site may include links to third-party websites or provide you the opportunity to disclose information directly to third parties (e.g., credit card processors). Our Privacy Policy does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal information, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, provided by those third parties.

We may include videos and similar media players on our Site. By clicking on such videos and similar media players on our Sites, (a) you may be redirected to a third party’s website to play the video, or (b) it may play the video on our Site, although this functionality may be supported by a third party’s website or technology (e.g., YouTube, YouTube API, Vimeo). In any such case, by playing the videos or similar media players, you shall become subject to the third party’s terms and conditions, including, but not limited to, its terms of service and personal information privacy policies and practices, including the terms governing and Vimeo.

Social Media/Platform Data Rights

We may engage with you on various social media platforms (e.g., Facebook, X (formerly “Twitter”), Instagram). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Those communications to and from us are governed by this Privacy Policy. However, your use of a social media platform is also subject to the policies and terms of the relevant social media platform. Certain social media platforms may also automatically provide us with your Personal Information, the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Site includes social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect your IP address and which Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.

According to the terms and conditions governing certain social media platforms, and to the extent provided under applicable law, you may request that the information, data, or other content we obtain from or through the social media platform (“Platform Data”) be deleted or modified. If you would like Platform Data related to you deleted or modified, please contact us as specified in Section 1 of this Policy and (a) identify the social media platform at issue and (b) the Platform Data that you would like deleted and/or modified, and if modified, the modification to said Platform Data. We may also delete Platform Data if requested by the social media platform.

Accessing and Updating Personal Information

March Networks facilitates the exercise of individual rights and will endeavor to provide the information on the individual request for exercising user’s rights without undue delay and no later than one month following the request.

To guard against fraudulent requests for access, March Networks may require sufficient information to allow it to confirm that the person making the request is authorized to do so before granting access or making corrections.

March Networks reserves the right, subject to the laws of the applicable jurisdiction, to decline to provide access to Personal Information.

Withdrawing Consent and Complaints

Individuals have the right to withdraw consent to the use and disclosure of their Personal Information. The withdrawal of consent does not apply retroactively and may result in the inability to fully access March Networks’ products and services. Consent may be withdrawn by contacting March Networks as specified in Section 1 to this Policy. Complaints regarding March Networks handling of Personal Information also may be directed to the contact identified in Section 1.

You may also have the right to lodge a complaint with a competent data protection authority, in particular in the region where you normally reside, where we are based or where an alleged infringement of data protection law has taken place.

3. Specific rules for users residing in the European Union (EU)

For the processing of personal data of users residing in the European Union (“EU Data Subjects”), the following rules shall apply and prevail over any other conflicting provision contained in this Policy. The remaining rules of this Policy shall apply to EU Data Subjects in so far as compatible with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”). Where reference in this Policy is made to “Personal Information”, it shall mean “Personal Data” as defined by Article 4(1) of the GDPR.

Processing of Personal Data of EU Data Subjects is normally carried out by March Networks’ affiliates and subsidiaries established in the European Union (i.e. March Networks Srl in Italy, March Networks Sp. z o.o. in Poland; March Networks SAS in France called the “EU Affiliates” in this Policy). Therefore, Personal Data of EU Data Subjects usually does not leave the EU. However, where necessary to pursue one or more of the purposes identified in Section 2 above, Personal Data of EU Data Subjects may be directly processed by March Networks’ affiliates outside the European Economic Area (EEA): Canada, USA, UK and Taiwan. (“Non-EU Affiliates”) on a viable legal basis provided for by the GDPR.

Personal Data processing operations involving the entity established outside the EEA will take place in accordance with the principles indicated in Chapter V of the GDPR, including through the conclusion of appropriate Standard Contractual Clauses with such entity, ensuring data security or based on an appropriate decision of the European Commission declaring the country in which such entity is established as providing an adequate level of personal data protection. In the absence of a decision by the European Commission declaring an adequate level of personal data protection on the basis of third-country legislation or the lack of application of adequate legal safeguards, your personal data may be transferred to a third country on the basis of one of the grounds listed in Article 49(1) of the GDPR, including in particular your explicit consent.

EU Data Subjects shall have the rights enshrined by Articles 15 to 22 of the GDPR, such as the right of access, rectification, portability and erasure of their Personal Data, as well as the right to object at any time to any processing activity carried out for direct marketing purposes, as well as to restrict of the processing. EU Data Subjects also have the right to object to any processing activity carried out on the basis of March Networks’ legitimate interest, due to EU Data Subjects’ particular situation. EU Data Subjects shall also have the right to lodge a complaint with the Data Protection Authority (DPA) of the Member State where they reside or work. The list of the national DPAs is here: https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.

EU Data Subjects shall have also the right to withdraw consent at any time.

The rights can be exercised by sending an email to euprivacy@marchnetworks.com.

The rights of EU Data Subjects may undergo only the restrictions provided for by the GDPR. Any rule of this Policy conflicting with it shall not affect EU Data Subjects.

For all matters not expressly provided for in this Section 3, the provisions of this Privacy Policy shall apply EU Data Subjects.

4. United States (California Privacy Rights)

Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, California residents are entitled to certain data privacy rights:

• Right to Know (Specific Pieces of Personal Information). You have the right to know the specific pieces of your Personal Information that we have collected about you.
• Right to Know (Categories of Personal Information). You have the right to know (a) the categories of Personal Information we have collected from you; (b) the categories of sources from which the personal information is collected; (c) the categories of your personal information we have sold or disclosed for a business purpose; (d) the categories of third parties to whom your Personal Information was sold or disclosed for a business purpose; and (e) the business or commercial purpose for collecting or selling your Personal Information.
• Right to Delete. You have the right to request that we delete your Personal Information that we have collected and retained.
• Right to Correct. You have the right to request that we correct inaccurate Personal Information that we have collected and retained.
• Nondiscrimination. You have the right not to be subject to discrimination for asserting your rights under the CCPA.

To submit a privacy request, you (or your authorized agent) may contact us at privacy@marchnetworks.com or as specified in Section 1 of this Policy. However, any such authorized agent must be registered with the California Secretary of State to conduct business in California.

If you (or your authorized agent) make any request related to your Personal Information, March Networks will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, March Networks will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such Personal Information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of Personal Information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see: https://oag.ca.gov/privacy/ccpa.

Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt out of the “sale” of their Personal Information. However, March Networks does not sell your Personal Information to third parties for profit or monetary or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of Personal Information (because we do not undertake such activities).

Opt-Out Rights / Do Not Share My Personal Information. California residents have the right to opt out of the “sharing” of their Personal Information. March Networks uses third-party analytical and targeted advertising features on our Site and similar web tools provided by our marketing partners, and such features, tools and marketing relationships involve the disclosure of your Personal Information to third parties and may constitute the “sharing” of your Personal Information for CCPA purposes. To opt out of this sharing of your Personal Information in these circumstances, please click on the cookie management tool as available via a link on the footer of the Site entitled “Your Privacy Choices” to set your cookie preferences. You, or your authorized agent, may also contact us in at privacy@marchnetworks.com or as specified in Section 1 to this Policy.

Limit Use of Sensitive Personal Information. March Networks does not use or disclose sensitive Personal Information for reasons other than those set forth in the CCPA, and therefore we do not provide individuals with the ability to limit how we use or disclose such sensitive Personal Information.

5. Canada (Province of Québec)

As required or permitted by applicable law, you may be entitled to additional rights, including:

• the right to control the dissemination of your Information;
• the right to receive computerized information collected from you in a structured, commonly used and technological format and to have this information transferred directly to another organization;
• the right to be informed of and submit observations regarding automated decision-making; and
• the right to request information about data processing.

6. Persons with Disabilities

March Networks strives to ensure that every person has access to information related to our Services, including this Privacy Policy. Please contact us if you would like this Privacy Policy provided in an alternative format, and we will seek to meet your needs.

7. Employment Applications and Talent Management

As part of our recruitment and talent management process, we collect Personal Information with respect to individuals who are interested in working for us. In this context, we collect employment and application data, such as the following: contact information (e.g., name, title, residential or postal address, telephone number, and personal email address); information in a curriculum vitae, resumé, cover letter, or similar documentation; details regarding the type of employment sought, willingness to relocate, job compensation and benefit preferences; health data (e.g., medical conditions); information related to your background, education, where locally permitted criminal record, credit history and similar data; information provided about or by your references or other third parties related to your employment history, skills, qualifications, or education; and information related to previous applications to us or previous employment history with us. When permitted by law, we may collect information about your race and ethnicity to assist with our diversity and inclusion programs.

We use this information for the following purposes: to identify and evaluate job applicants; to verify your information; to complete employment, education, background and reference checks; to communicate with you about the recruitment process and your application; to comply with our legal, judicial, regulatory, administrative, or other corporate requirements; to analyze and improve our application and recruitment process; to accommodate individuals who may have specialized needs during the employment process; and to protect the rights, interests, and property of our business, other job applicants, employees, or the public, as required, or permitted, by law.

We may share this Personal Information with our EU Affiliates and Non-EU Affiliates (depending which affiliate the application refers to) and we may also use this employment and application data for any other purpose set forth in this Privacy Policy.

Please see above for any privacy rights you may have with respect to this Personal Information.

8. Amendment of March Networks’ Practices and This Policy

This Privacy Policy is in effect as of May 25, 2018. March Networks will from time-to-time review and revise its privacy practices and this Privacy Policy. We will notify you if this Privacy Policy is amended. It is your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto.

Other means may also be used to provide notice of any change in policy and practices. Policy changes will apply to the information collected from the date of posting of the revised Policy Statement to March Networks’ website as well as to existing information held by March Networks.