Tata Communications, Ltd. and its affiliates (collectively, “Tata Communications”) have formulated this Acceptable Use Policy (“AUP”) in order to encourage the responsible use of Tata Communications’s networks, systems, services, Web sites and products (collectively, the “Tata Communications Network and Services”) by our customers and other users of the Tata Communications Network and Services (collectively, “Users”), and to enable Tata Communications to provide Users with secure, reliable and productive services.
Tata Communications reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Tata Communications Network and Services after such modification shall constitute acceptance of such modification.
This AUP includes by reference the terms and conditions and policies, including the Terms of Use and Privacy Policy, that are referenced here and the Tata Communications Web sites. You agree and warrant that you will not use (or plan, encourage or help others to use) this Web site or any Tata Communications service for any purpose or in any manner that is prohibited by these terms and conditions, law, regulation, or other prohibition. It is your responsibility to ensure that your use of this Web site complies with these terms and conditions.
While it is not our intent to control or monitor your online experience or the content of your online communications, we may edit or remove content that we deem to be in violation of the AUP or that we otherwise deem harmful or offensive. The AUP applies to all aspects of the Tata Communications Network and Services, including e-mail, USENET postings, chatting, and browsing.
You are entirely responsible for maintaining the confidentiality of your password and account information, as well as the security of your network. For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in this AUP. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.
If Users engage in conduct while using the Tata Communications Network and Service that is in violation of the AUP or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate any product or service provided by Tata Communications (“Service”) or the User’s access to the Service. In most cases, we will attempt to notify you of any activity in violation of the AUP and request that the User cease such activity; however, in cases where the viability of the Tata Communications Network and Services are potentially threatened or cases involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User’s access to the Service, at Tata Communications’s sole discretion, without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the AUP, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the AUP.
Prohibited Conduct
In General
The Tata Communications Network and Services must be used in a manner that is consistent with the intended purpose of the Services and may be used only for lawful purposes. Users shall not use the Tata Communications Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Tata Communications Network and Services or other Tata Communications customers; or (c) that may expose Tata Communications to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider’s AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider’s AUP.
Inappropriate Content
Users shall not use the Tata Communications Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Tata Communications, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.
Intellectual Property
Material accessible through the Tata Communications Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Tata Communications Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the Tata Communications Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.
Harmful Content
Users shall not use the Tata Communications Network and Services to transmit, distribute or store material that may be harmful to or interfere with the Tata Communications Network and Services or any third party’s networks, systems, services, or Web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, password-cracking programs or Trojan horses.
Fraudulent/Misleading Content
Users shall not use the Tata Communications Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
Email and Unsolicited Messages
Users shall not use the Tata Communications Network and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints (“spam”). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the Tata Communications Network and Services. In addition, Users shall not use the Tata Communications Network and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mailbombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
Third Party Rules; Usenet
Users may have access through the Tata Communications Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.
Filters
Filters against particular networks or traffic types are generally available from a variety of sources. In addition, in certain circumstances and for an applicable fee, Tata Communications may be able to install other filters upon the customer’s request.
Configuration
All users of the Tata Communications Network are responsible for configuring their own systems to provide the maximum possible accountability. Tata Communications shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Tata Communications. For example, Users should ensure there are clear “path” lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly as possible. As another example, users should maintain logs of dynamically assigned IP addresses.
Resellers and Downstream Service Providers
Some Users may be customers of Internet Service Providers (ISPs) that receive Internet connectivity through Tata Communications. Such ISPs (also known as resellers or downstream service providers) are responsible for informing their customers of this Acceptable Use Policy and for enforcing its restrictions with regard to their customers’ actions. Complaints about customers of any such reseller or downstream service provider shall be forwarded to such reseller or downstream service provider for resolution. If at any time Tata Communications determines that such reseller or downstream service provider is not taking appropriate action in accordance with this Acceptable Use Policy, Tata Communications shall work with such reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, Tata Communications will take such further action as it deems appropriate, up to and including termination proceedings. Violations of this Acceptable Use Policy by a customer or end-user of a reseller or downstream service provider shall be considered violations of this Acceptable Use Policy by such reseller or downstream service provider.
Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
Users are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User’s site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.
Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.
Illegal Activity
Users agree to use the Tata Communications Network and Service only for lawful purposes. Use of the Tata Communications Network and Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. In those instances involving child pornography, Tata Communications complies with all applicable Federal or State laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.
Other Prohibited Activities
The following activities are also prohibited:
Cooperation with Investigations
We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Tata Communications reserves the right to disclose customer information to the extent authorized by federal surveillance statutes.
Privacy
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”
Modifications
Tata Communications reserves the right to modify this Acceptable Use Policy at any time without notice. In most cases, we will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the AUP on our Web site.
Dial Internet Access
The following AUP apply if your account includes accessing the Service through a Dial-Up connection.
Excessive Usage
If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations. Also, if a User is accessing the Service via a dial-up connection, we may terminate the user session if the User is connected for more than 7 days in order to protect our network resources and maintain Service availability for others.
Transfer of Account
A User may not transfer an account to anyone without our prior written consent.
Mail Server Filters
The use of Tata Communications’s Network and Services to send email through external third party servers is prohibited. You are responsible for ensuring that all persons accessing or using Tata Communications Network and Service through your account, comply with the AUP.
If you become aware of any violation of this AUP by any person, including Users that have accessed the Service through your account, please notify us. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation of this AUP by your Users. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of this AUP. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this AUP, including devices designed to filter or terminate access to the Services.
Legal
Additional Terms and Conditions
The use of the Tata Communications Network by a customer of Tata Communications is subject to the terms and conditions of any agreements entered into by such customer with Tata Communications. This Acceptable Use Policy is incorporated into such agreements by reference.
Limitation of Liability and Indemnification
Limitation of Liability and Indemnification
TATA COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TATA COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN TATA COMMUNICATIONS AND ITS CUSTOMER. OTHER LIMITATIONS OF LIABILITY ARE INCLUDED HERE BY REFERENCE INCLUDING THE TERMS OF USE AND PRIVACY POLICY OF THE TATA COMMUNICATIONS WEB SITES.
TATA COMMUNICATIONS MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW
You agree to indemnify, defend, and hold Tata Communications, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of this AUP, misuse or abuse of the Services, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Tata Communications’s defense of any claim in this regard. Tata Communications reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Tata Communications. You agree immediately to notify Tata Communications of any unauthorized use of your account or any other breach of security known to you.
Complaints and Contact Information for Customers
Violations of this AUP may be reported here
Please select this link for information relating to the Interim Designation of Agent to Receive Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c).
These Terms contain important information regarding (1) Tata Communications Web site practices, (2) your responsibility as a user of this Web site and related services, and (3) the procedures by which these practices and responsibilities will be determined.
By accessing, browsing, using, framing and/or linking to this Web site (“Site”), you acknowledge that you read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Users of this Site acknowledge that they are 18 years of age or older. If you do not agree to these Terms, do not use this Site.
These Terms include additional terms and conditions and policies which are referenced elsewhere in this document. In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, or any other policy, term of Tata Communications, which shall remain valid and enforceable.
This Site may contain “forward-looking statements.” Although Tata Communications believes any such statements are based on reasonable assumptions, there is no assurance that actual outcomes will not be materially different. Tata Communications assumes no obligation to update those statements to reflect actual results, changes in assumptions and other factors. The forward-looking statements are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Additional information that could lead to material changes in performance is contained in filings with the Securities and Exchange Commission made by Videsh Sanchar Nigam Limited (“VSNL”), and we encourage you to review such filings, specifically, the most recent VSNL Form 10-K and Form 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements including, among others, substantial capital requirements; development of effective internal processes and systems; the ability to attract and retain high quality employees; changes in the overall economy; technology; the number and size of competitors in its markets; law and regulatory policy; and the mix of products and services offered in the company’s target markets.
Although every effort is made to ensure such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided “as is” without warranty of any kind. Tata Communications makes no representations and disclaims all express, implied, and statutory warranties of any kind to any user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Tata Communications assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on the Site. Tata Communications shall not be liable for any errors or delays in the delivery of such information provided through the Site or for any actions taken in reliance thereon.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF THE SITE BOTH NOW AND IN THE FUTURE. BY ACCESSING THIS SITE, THE USER ACKNOWLEDGES ACCEPTANCE OF THESE TERMS AND CONDITIONS. TATA COMMUNICATIONS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION WITHOUT NOTICE. IN THE CASE OF ANY VIOLATION OF THESE TERMS AND CONDITIONS, TATA COMMUNICATIONS RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY FOR SUCH VIOLATIONS.
The trademarks, logos, and service marks, including but not limited to Tata Communications and TGN®, and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of Tata Communications Pte Ltd., its affiliates, suppliers or others. Certain portions of the Site are identified as being the subject of a specific copyright held by an entity other than Tata Communications and, as such, may not be copied without the permission of the holder of the copyright.
Tata Communications hereby authorizes you to copy the materials published by Tata Communications on this Site (the “Materials”) exclusively for non-commercial use by you personally or within your organization provided you retain all copyright and other proprietary notices contained in the Materials and you do not modify the Materials. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The services, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by Tata Communications or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Tata Communications or any third party.
THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED AS A COURTESY FOR TATA COMMUNICATIONS’ CUSTOMERS. Tata Communications HAS PROVIDED THE INFORMATION IN GOOD FAITH AND HAS MADE REASONABLE EFFORTS TO MAKE THE INFORMATION AS ACCURATE AND UP-TO-DATE AS POSSIBLE.
THIS INFORMATION IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.
IN NO EVENT SHALL TATA COMMUNICATIONS BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS, LOST OPPORTUNITY, TIME OR ANY OTHER LOSS RESULTING FROM RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS OR ERRORS OR ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, EVEN IF TATA COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE AND HOWEVER ARISING, INCLUDING NEGLIGENCE. IN NO EVENT WILL THE LIABILITY OF TATA COMMUNICATIONS BE IN EXCESS OF THE AMOUNT PAID FOR USE OF THE WEB SITE OR $500 IN U.S. DOLLARS, WHICHEVER IS LESS.
THE INFORMATION CONTAINED IN THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE.
IN THE UNITED STATES, SOME STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, INCLUDING IMPLIED WARRANTIES, SO THE DISCLAIMERS OR PORTIONS OF THEM MAY NOT APPLY TO YOU. YOUR LEGAL RIGHTS MAY VARY FROM STATE TO STATE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND TATA COMMUNICATIONS SERVICES.
No advice or information, whether oral or written, obtained by you from Tata Communications, shall create any warranty not expressly made herein.
Tata Communications periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Tata Communications shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Site.
The Web sites linked to this Site are not under the control of Tata Communications and Tata Communications is not responsible for and makes no representations or warranties concerning the contents of any linked site or any link contained in a linked site. Tata Communications provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Tata Communications of the linked site. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. Tata Communications reserves the right to terminate any link or linking program at any time. You acknowledge that this Site may link to other Web sites not controlled by Tata Communications and that Tata Communications is not responsible for the data collection policies of these sites. Consult the Terms of Use, Acceptable Use Policies, or other agreements of each Web site you visit. In the event that you have a dispute with any such third party, you release Tata Communications from any and all claims, demands, and damages pursuant to the relevant provisions contained here.
There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. Tata Communications does not make any representations or give any warranties with respect to any information contained in or at these other sites and Tata Communications shall not be liable for any damages or injury arising from the content of these other sites. Tata Communications does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by Tata Communications, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other Web sites pertaining to any of the Materials located at this Site. Contact the Tata Communications Webmaster at AUPCompliance@tatacommunications.com to seek approval for linking to this Site.
Tata Communications assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, or images from this Site.
Updates
The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. Tata Communications may also make improvements and/or changes in the services and/or the programs described in the Materials at any time without notice. Tata Communications shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically read these Terms to determine the current Terms to which you are bound.
You agree to indemnify, defend, and hold Tata Communications, its officers, directors, employees, affiliates, partners, suppliers, subsidiaries and other third parties harmless from any and all liabilities, costs, expenses, including reasonable attorneys fees, related to any violation of these Terms, Copyright, Disclaimer, and Usage Agreement by you, or in connection with your use of this Site or with the placement or transmission of any message or information on this Site by you. At Tata Communications’s sole discretion, and at your expense, Tata Communications may provide notice to you of its election to assist you in defending such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations.
Compliance With Applicable Laws; Export Control Laws
All applicable federal, state and local laws govern user access to this Site. All information on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside and/or are gaining access to this Site.
All Tata Communications products and publications are commercial in nature. All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Subject to the parameters and restrictions set forth in our Online Privacy Policy, Tata Communications is under no obligation to refrain from reproducing, publishing, or otherwise using communications you send to or receive from this Site or otherwise send to or receive from Tata Communications by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby give Tata Communications your consent to use your personal data consistent with Tata Communications’s Online Privacy Policy
By accessing this Site you agree not to: (a) use any data obtained as part of a commercial product, service or content offering; (b) use any data obtained for solicitations, commercial or otherwise; (c) sell or otherwise distribute any data obtained; (d) incorporate any data into any e-mail or other “white pages” products or services, whether browser based, based on proprietary client-side applications, Web based, or other; or (e) use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant.
You further agree not to (a) use any automated means, including spiders, robots, crawlers or the like to download data from the Site; (b) enter any data that is libelous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others; or (c) knowingly enter any data which is false or misleading.
Tata Communications reserves the right to deny access to any user or group of users to the Site, at Tata Communications’s sole discretion, at any time, and for any reason or no reason, without liability and without advance notice to you.
Tata Communications may independently investigate, involve and/or cooperate with law enforcement authorities in prosecuting or investigating users. Tata Communications’s sole judgment applies to determinations of these limitations and prohibited uses.
Tata Communications may provide access to international information, which information may contain references or cross references to programs and services that are not currently available in your country of residence. Tata Communications provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in countries other than the United States. Also, Tata Communications is a service provider operating in some, but not all, markets within the U.S. Therefore, it may provide access to information that may contain references or cross references to programs and services that are not announced or available in all U.S. markets. Tata Communications provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in all United States markets or all markets where Tata Communications conducts business.
BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by Tata Communications. You acknowledge that you have the necessary hardware and software to access these provisions as posted on Tata Communications’s Web sites and will maintain such hardware and software throughout your use of this Web Site and its services. You may remove your consent to the electronic form of contracting with Tata Communications, but in that event, your authorization to use and access this Web Site is immediately terminated.
These Terms and access to this Site are governed by U.S. Federal Law and/or the laws of the State of New York. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in New York, New York, U.S.A. You and Tata Communications agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
No delay or omission by Tata Communications to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Tata Communications of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Tata Communications.
Each of the terms and limitations provided by these Terms, including referenced terms and policies, are important to Tata Communications. In the event any provision contained herein, including referenced terms and policies, is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible.
By completing this form, you agree to the terms & conditions specified below (hereinafter “Terms“). You have confirmed your willingness to attend a schedule Consultation session in accordance with the Terms and Conditions herein at mutually agreed timelines.
This Website is provided by and those entities controlled by Tata Communications Limited (hereinafter referred to as “we”, “us” or “our”).
By accessing, or using this website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations.
By agreeing to these Terms, you agree to terms and conditions of Acceptable Use Policy and Privacy Policy as defined in these Terms.
Tata Communications Ltd.
Attention:___
with a copy to__________________
Attenstion:___
To: (Legal Department)
Tata Communications International Pte Ltd. Attention: Legal Department
18 Tai Seng Street #04-01, Singapore 539775 Facsimile: +65 6634 8570
Email: legal@tatacommunications.com
[For communications in India the address is as follows:
Tata Communications Limited
Attention: Legal Department C-21/ C 36, ‘G’ Block,
Bandra Kurla Complex, Mumbai 400 098 Facsimile : 022 67251962]
All notices to you made under or in connection with these Terms shall be in writing and sent to the e-mail address given for participation in the Consultation.
Both parties may change any notice address, with such change being effective upon receipt of a written notice of same.
Tata Communications respects your privacy and is committed to ensuring appropriate protections are in place for your personal data. We seek to comply with all currently applicable legislation regarding the protection, security and confidentiality of personal data. In this Privacy Policy (the “Policy”), we describe how we collect, use, disclose and protect personal data. We also outline the rights you may have in respect of your personal data held by us. The Policy relates to your personal data that we may access through your use of this website and in relation to any contract for goods or services or other commercial relationship we may have with you, or with anyone who provides you with access to any of our products and services (such as your employer) that may collect, store or otherwise process your personal data .
This Policy is provided in a layered format, so you can click through to the specific areas set out below that may be of most interest to you.
Regardless of whether you are our customer, a visitor to one of our various Tata Communications websites, or someone we deal with in our day to day business, protecting your privacy is important to us and is a responsibility that we take very seriously.
Who are we? This Policy applies to the different legal entities comprising the Tata Communications Group, each of which may process your personal data. This includes the Group’s UK subsidiary, Tata Communications (UK) Ltd. which is the controller of and responsible for this website. References to “we”, “our or “us” in this Policy refer to the relevant company within the Tata Communications Group that is responsible for processing your personal data, as indicated in any contract for products or services you may hold with us. A list of the legal entities which make up the Tata Communications Group can be accessed here.
Additional information on our personal data practices may be provided in contractual agreements, supplemental privacy statements, or notices provided to you prior to or at the time of collection of your personal data. For the purposes of this Policy, any reference to “Services” is a reference to all the products and services offered by Tata Communications, whether available online or offline, and any reference to “Sites” is a reference to any of the Tata Communications websites (including any mobile version of such websites), whether operated under the banner of Tata Communications or a brand name that we own.
Our use of your personal data is governed by this Policy as it may be updated from time-to-time. The most up to date version of the Policy will always be available at https://www.tatacommunications.com/policies/privacy/. Your use of our Sites or Services, and any dispute over privacy, is subject to this Policy and our Terms of Use (which are incorporated by reference into this Policy) and any written contract for Services between you and us or any person who provides you with access to our Services. Depending upon your interactions with Tata Communications, other terms may also be applicable to you and our use of your personal data.
For any questions about this Policy or our data protection practices or to exercise any rights you may have in relation to your personal data under applicable law, you use our self-service portal available here. Our postal address for any questions is:
Legal Compliance – Data Protection and Privacy
Tata Communications (America) Inc.
2355 Dulles Corner Boulevard
Suite 700
Herndon, VA 20171
USA
For individuals located in Germany, Singapore and India you can contact our Data Protection Officer (“DPO”) by using our DPO contact form available here
Account Information: Contact and related information that allows us to communicate with you. We obtain this information when you order or register to receive any of our Services or information about our Services. We collect or receive information from you when you sign up for our Services, create an online account with us, make a purchase, request details or a call back, submit a technical, customer or billing support request, participate in a contest or survey, provide us with feedback or otherwise contact us. The type of information that we collect depends on your interaction with us, but may include, your name, address, telephone number (business or personal), email address (business or personal), postal/billing address (business or residential), and any other information that you choose to provide or is necessary for us to provide Services to you.
Billing Information related to your commercial and financial relationship with us, such as the services we provide to you, the telephone numbers you call and text, your payment history, your credit history, your credit card numbers, social security number(where permitted by law), security codes and your service history.
Technical & Usage Information related to the Services we provide to you, including information about how you use our networks, services, products or websites. Some examples include:
Video footage/images: when you visit our premises, we may also collect information about you on CCTV as part of our security and crime prevention measures.
We may collect the above personal data in the course of providing Services to you or to someone who has provided you with access to our Services. We may obtain this information in a number of ways, for example:
We may combine the personal data that we receive from such other sources with personal data you give to us and with information we automatically collect about you, for example where we need to run a credit check, and then compile a profile of you based on the credit check data and the personal data you have provided.
We set out below some of the ways in which we process personal data:
In the EU, our justification (sometimes referred to as “legitimate” or “lawful basis” legal basis) for processing any particular category of personal data will vary depending on the information itself, our relationship with the subject of the personal data , the Service being provided, the specific legal and regulatory requirements of the country in which the Services are being provided, the personal data processed and many other factors. Subject to modifications in specific countries, the legal bases for our processing are as follows:
In order to communicate adequately with you as a user of our Services and to respond to your requests, we need to process information about you and therefore have a legitimate interest in processing this information to ensure the efficient and effective operation of our business;
In order to engage in transactions with customers, suppliers and business partners, and to process purchases and effect installation of our products and deliver Services, we need to process information about you as necessary to enter into or perform a contract with you;
We process personal data for marketing and sales activities based on your consent, where it is required and so indicated on our sites or at the time your personal data is collected, or further to our legitimate interest to market and promote our products and services;
We rely on our legitimate interests to process personal data and other information in order to analyse, develop, improve and optimise our Sites, products and Services, and to maintain the security and integrity of our Sites, network and systems. We also have a legitimate interest in using your personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary.; or
because applicable laws (including telecommunications laws), regulations or the public interest require us to, such as to comply with legal processes, law enforcement or regulatory authorities or to assist in the prevention, detection or prosecution of crime or to process an opt-out request.
We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests and which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out in this Policy. In all other countries (except in the EU or in jurisdictions where similar EU type requirements exist), our justification for processing your personal data will be based on your consent and/or acceptance of the Terms of Use and this Policy. In all situations, where you withhold any personal data requested by us, we may not be able to provide you with certain Services or parts of Services or functionality.
Subject to obtaining your consent as may be required in some jurisdictions, we may share or disclose your personal data as necessary for the purposes described above and as further detailed below:
Subject to obtaining your consent as required in some jurisdictions, Tata Communications may transfer personal data across national borders in running our business and delivering the Services. In doing so, your personal data may be transferred to and processed by other Tata Communications entities and/or unrelated third parties outside of the country where you are located or where the personal data was collected.
All Tata Communications entities have signed an intra-group agreement applicable to transfer of personal data within and outside of the EU or to jurisdictions which do not provide adequate levels of protection for the personal data under applicable law. A list of our affiliates and their locations is available here. This agreement is based on the EU Commission standard contractual clauses (and which therefore contractually impose a standard of protection for the personal data transferred that is equivalent to that offered within the EU). This way we ensure that adequate protections are in place for the security of your personal data when we transfer it to one of our affiliates, wherever they may be located in the world. You can obtain a copy of these clauses by contacting us.
When we share your personal data with third parties unrelated to the Tata Communications Group, we require all such third parties to respect the security of that personal data and to treat it in accordance with applicable data protection laws. We also ensure that at the very least, the same level of protection of data is provided by the third parties, as is provided to you by us. Where we engage third-party service providers to process your personal data on our behalf, we do not allow them to use that personal data for their own purposes and only permit them to process it for our own specified purposes and in accordance with our instructions. When initiating such processor relationships, we will ensure that adequate safeguards are in place for your personal data using the data transfer mechanism most appropriate to the personal data and to the countries within or to which the personal data may be transferred. This mechanism may include: the use of the EU approved contractual clauses; ensuring that the recipient has implemented EU approved Binding Corporate Rules governing transfer or personal data; (in the US) is Privacy Shield Certified (EU and Swiss Privacy Shield) or certified under any equivalent successor programme; or confirming that the country in which the recipient is located has been formally confirmed as providing adequate protections for personal data by the EU.
For relevant jurisdictions only (e.g. Mexico, Russia, China and Argentina): By using the Services, you expressly agree to the transfers of personal data to third countries where this requires your consent.
For information on the specific tracking mechanisms that we use on our Sites and the purposes for which we use such tracking mechanisms and how to disable them, please see our Cookie Policy.
We may use third parties such as network advertisers to display advertisements about Tata Communications on third party websites. Network advertisers select and display advertisements on third-party sites, based on your visits to our Sites as well as to other websites. This enables us and these third parties to tailor advertisements by displaying ads for products and services in which we believe you might be interested.
Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads, to personalize advertising content to you, and to track your movements on our Sites and on other third-party sites. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, and not this Policy. We may provide these third-party advertisers with anonymised information about your usage of our Sites and our Services, as well as aggregate information about visitors to our Sites and users of our Services; however, we do not share your personal data with these third parties.
You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”), the Digital Advertising Alliance (“DAA”), or, in Europe, the European Interaction Digital Advertising Alliance (“EIDAA”). For more information regarding this practice by NAI, EIDAA members and DAA members, and your choices regarding the use of this information used by these companies, including how to opt-out of third-party ad networks operated by NAI, DAA, and EIDAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp, www.aboutads.info/choices, and www.youronlinechoices.com. Please note that, should you opt out, you will continue to see advertising however it will not be tailored to your interests.
Where permitted by applicable law and, if required, with your consent, we may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail or other communication you have received or through our dedicated privacy portal accessible here. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you non-marketing communications about your account or any Services you have requested or received from us.
We may invite you to post content on our Sites, including your comments, pictures, and any other information that you would like to make available on our Sites. If you post content to our Sites, the information that you post will be available to other visitors to our Sites. If you post your own content on our Sites or Services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
Our Sites and our online Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites neither do we have any control over information that is submitted to or collected by, these third parties.
Our Sites may include social media plugins such as “like” and “share” buttons. By clicking on such a plugin, the data you want to “like” or “share” will be provided to the relevant social media site. We are not responsible for the practices of such third-party social media sites once you have clicked on any such “like” or “share” button.
At Tata Communications, security is our highest priority. We design and deliver our systems and Services with your security and privacy in mind. We maintain a wide variety of compliance programs and accreditations that validate our security controls. Click here to learn more about the security compliance programs in place for [certain of] our Services.
To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the personal data we collect through our Sites and in the provision of our Services.
We have put in place reasonable controls (including physical, technological and administrative measures) designed to help safeguard the personal data that we collect via the sites. No security measures are perfect, however, and so we cannot assure you that personal data that we collect will never be accessed or used in an unauthorised way, which may happen due to circumstances beyond our reasonable control. We have put in place procedures to deal with a suspected personal data breach, and we shall notify you and any applicable regulator of a breach where we are legally required to do so.
If you have a user name and password to access our Services, you should take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity or other security breach caused by you.
Under the law of many countries, you have certain rights in relation to your personal data that is held by us and we respect and observe these rights. Such rights may include the rights to: ask us to confirm that we are processing your personal data, ask us for a copy of your personal data (including information regarding who we share your personal data with); to correct, delete or restrict (stop any active) processing of your personal data; to limit the use and disclosure of your personal data; and to ask us to share (port) your personal data to another person, such as another provider of telecommunications services.
In addition, in certain countries you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing). Where applicable, you can also withdraw the consent you have given us to process your personal data and request information on the consequences of not providing such consent.
These rights may be limited, for example: if fulfilling your request would reveal personal data about another person; where it would infringe the rights of a third party (including our rights); or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
To exercise any of these rights, to raise any concerns about our privacy practices, or to obtain other privacy related information, you can get in touch with us, see our contact details above. If you have unresolved concerns, you may have the right to complain to your relevant national data protection authority. For example, in the UK this is the Information Commissioner’s Office (ICO) – https://ico.org.uk/make-a-complaint/. Please do contact us before making such a complaint however as we would appreciate the opportunity to investigate and address your concerns first.
As described in this Policy, we may make your personal data available to third parties for their marketing purposes. If you do not want us to share your personal data with third parties, you may opt-out of this information sharing by emailing us at link
If you are a California resident, then, subject to certain limits under California law, you may ask us to provide you with a list of certain categories of personal data we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year as well as the identity of those third parties. To make such a request, residents of the State of California may contact us through our dedicated privacy portal accessible here.
We retain personal data for as long as and/or for no longer than we are permitted to do by applicable law, regulation, tax or accounting practice or the terms of any governmental telecommunications licenses or authorizations to which we may be subject. We also delete personal data in accordance with any contractual obligations that we may be subject to (for example if we are processing personal data on behalf of one of our customers rather than for our own business purposes).
Where maximum or minimum data retention periods are not otherwise stipulated, we determine appropriate retention period for the personal data by considering: the amount, nature and sensitivity of the personal data contained in the records; the potential risk of harm from unauthorised use or disclosure of personal data; the purposes for which we process the personal data and whether we may be able achieve those purposes through other means; whether the personal data can be permanently and effectively anonymised; the security measures in place in relation to that personal data and any other relevant factors.
For China only: your personal data may be stored in countries in which we transfer personal data as per the information provided under International Transfer of Personal Data above
We regularly review and may make changes to this Policy from time-to-time. To ensure that you are always aware of how we use your personal data we will update the online version of this Policy from time-to-time to reflect any changes to our use of your personal data. We may also make changes to comply with developments in applicable law or regulatory requirements. Where it is practicable, we will notify you by other means prior to changes materially affecting you such as by posting a notice on our Sites or sending you a notification. However, we encourage you to review this Policy periodically to be informed of any changes to how we use your personal data .
This Policy was last amended on 31st December 2019. The previous version of our privacy policy is available here.