Privacy Notice

 

Sakon Privacy Notice For California Residents

Effective Date: January 1, 2020

Last Review Date: December 31, 2019

This Privacy Notice for California Residents (hereinafter “Notice”) supplements the information contained in Sakon’s privacy policy (https://www.sakon.com/privacy-policy) and applies solely to all visitors, users and others who reside in the State of California (“consumers” or “you”).

If the California Consumer Privacy Act (hereinafter “CCPA”) applies to Sakon, this Notice is proved to assure Sakon’s compliance with the CCPA. Any terms defined in the CCPA have the same meaning when used in this Notice.

This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

Nor does this Notice apply to personal information in a written or verbal business-to-business communications (“B2B personal information”) to the extent they are exempt from certain CCPA requirements.

Sakon’s Business and the Information Sakon Obtains, Processes, Discloses and Shares

First and foremost, Sakon does not sell personal information. Selling personal information of consumers is not part of Sakon’s business model.

Background

Sakon’s business model is to provide software applications and services (hereinafter “Services”) to business (Sakon’s customers) for the purposes of assisting our customers with the management of their networks, mobility and cloud services. In providing Services to our customers, it is necessary for Sakon to receive and process information that our customers send us about their employees and end-users. It is also necessary for Sakon to receive and process information that telecommunications carriers send us about our customers and our customer’s employees and end users. This includes processing invoices and billing information that we receive directly from telecommunications carriers on behalf of our customers. Thereafter, Sakon reports back to its customers on the information that it has received and processed. The exchange of information is between service providers and governed by contracts that protect the information and forbid its use outside of the business purpose stated therein. The type of personal information that is obtained and the business purpose for which it is processed, disclosed and shared is described below in detail.

Categories of Information we Obtain, Process, Disclose and Share

Customer Data:

In addition to the information described above, we also collect data directly from our customers, our customer’s employees and our customer’s end-users when they access our Services or upload information to our Services. Personal information contained within the data that we receive and process includes name, address, email address, phone number and job title.

Account, Website and other Data:

Customers, employees and end-users also provide data to Sakon that is used to open, administer and operate user accounts. The personal information contained within this data includes name, email address, password, telephone number and correspondence address.

Sakon collects data when customers, employees and end-users utilize our Services. For example, we collect:

  • Log Data - Our servers automatically collect information when you access or use our software applications and services. This data is recorded in log files. Examples of such data include IP Address

  • Subscription Data – You provide personal data to us as part of signing up for Sakon applications.

  • Contact Us Data – When you contact us about our products and services, we collect and store this data to communicate with you and respond to your questions.

During the last twelve (12) months we collected, processed and reported back on the following categories of personal information outlined in the CCPA:

Category

Examples 

Collected

A. Identifiers.

Name, postal address, Internet Protocol address and email address.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

 

Name, signature, address and telephone number.

 

Some personal information included in this category may overlap with other categories.

 

YES

 

C. Protected classification characteristics under California or federal law.

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

NO

 

D. Commercial information.

Records of products or services purchased, obtained, or considered.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

 

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

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

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

YES

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

 

We collected the categories of personal information listed above from the following sources:

  • Directly from Sakon’s customers, which upload information to Sakon’s Services.

  • Directly from our customer’s employees and end-users, which upload information to Sakon’s Services.

  • Directly from telecommunications carriers.

  • Directly from you. For example, from information that you send us, including forms you complete, email that you send us, and products and services you review or purchase.

  • Indirectly from you. For example, from observing your actions on our Website.

Use, Disclosure or Sharing of Personal Information

As stated above, we do not sell your personal information. Instead, we help our customers manage their network, mobility and cloud services. In order to provide our Services to customers, we may use, disclose or share the personal information is provided to us for one or more of the following purposes:

  • To fulfill or meet our obligations to our customers.

  • To fulfill or meet our obligations to our customer’s employees or end-users.

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request information about our Services, or request a price quote, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

  • To provide support, personalize, and develop our Services.

  • To create, maintain, customize, and secure your account with us.

  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To personalize your experience with our Services, and deliver content, product and service offerings relevant to your interests, including targeted offers and ads through our Software Applications, Website, third-party sites, and via email or text message (with your consent, where required by law).

  • To help maintain the safety, security, and integrity of our Services, databases, other technology assets and business.

  • For testing, research, analysis, and product development, including to develop and improve our Services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

  • Where and when applicable: to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sales of Personal Information

As indicated above, Sakon does not sell personal information.

Personal Information not covered by the CCPA

The following categories of information are not covered by the CCPA

  • Publicly available information from government records.

  • Deidentified or aggregated consumer information.

  • Information excluded from the CCPA’s scope, like:

  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and

  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.


Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

We do not provide these access and data portability rights for B2B personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  • Debug products to identify and repair errors that impair existing intended functionality.

  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  • 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 information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  • Comply with a legal obligation.

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.

Exercising Access and Deletion Rights

To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 1-800-641-1641

  • Emailing us at info@sakon.com

  • Visiting sakon.com and completing the form under “Get in touch”

  • Accessing your password protected account (where applicable)

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please have your agent contact us through one of the applicable manners outlined above. We will require additional authentication for your authorized agent.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:

  • whenever feasible, matching the identifying information provided by you to the personal information already maintained by Sakon, or in certain instances, requiring a sworn affidavit and/or use a third-party identity verification service.

  • When contacting Sakon (by phone, email or website, as listed above), please describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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

Making a verifiable consumer request does not require you to create an account with us. However, where applicable, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (45 or 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, 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 entity without hindrance.

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.


Personal Information Sales Opt-Out and Opt-In Rights

We do not knowingly collect information of anyone under the age of 16. Nor do we sell personal information. Accordingly, providing an “opt out” right is not applicable.


Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Although not currently our business model, we reserve the right to offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. As indicated above, we currently do not provide financial incentives.


Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Services and/or Website following the posting of changes constitutes your acceptance of such changes.‌


Contact Information

If you have any questions or comments about this notice, the ways in which Sakon collects and uses your information described here and in the Privacy Policy (https://www.sakon.com/privacy-policy) your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-800-601-1641

Website: www.sakon.com

Email: info@sakon.com

Postal Address:

Sakon

300 Baker Avenue, Suite 280

Concord, Massachusetts 01742

Attn: Office of the General Counsel