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Acceptable Use policy

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.


Rights of Tata Communications

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:

  • Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
  • Intentionally transmitting files containing a computer virus or corrupted data.
  • Resale of Services, unless expressly authorized in a separate written agreement with Tata Communications.
  • Harassment, whether through language, frequency, or size of messages.
  • Furnishing false or incorrect data to Tata Communications on written or online applications, contracts, or other materials or information provided to Tata Communications, including fraudulent use of credit card numbers or “bill to” telephone numbers.
  • Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use Services.
  • Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this AUP, Terms of Use or Privacy Policy, may result in suspension or termination of the User’s access to and use of the Service.

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).

Terms of Use

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.
 

Forward Looking Statement

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.
 

Copyright, Disclaimer, Usage Agreement

Disclaimer

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.
 

Copyright and Trademarks

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.
 

Liability Disclaimer

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.
 

Linkage

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.
 

Viruses, etc.

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.
 

Indemnification

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.
 

User Communications

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
 

Usage

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.
 

Services Availability

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.
 

Consent to Electronic Form of Contract

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.
 

Governing Law And Jurisdiction: Compliance With Laws

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.
 

Waiver

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.
 

Survival

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.
 

Severability

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.
 
 

Terms and Conditions for Scheduled Consultation

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.

 

  1. Process
    1. You have opted to schedule a tele-conversation with our representative for a free Consultation session. Consultation is defined as the said scheduled time will be provided to you to discuss in detail with respect to the matters including but not limited to general discussion on cloud adoption; our product description and functionality; technology trends and any specific question / topics in relation to Tata Communications products and services. The said Consultation shall be executed via phone calls or any other medium agreed between the parties.
    2. The said consultation offer shall be socialized through digital campaigns as a “Call to action”. We will receive the base information for your queries through the lead form filled and submitted by you.
    3. The said Consultation shall be scheduled at the mutually agreed timings for a slot of thirty (30) minutes.
    4. The supporting content used to enable the said consultation will be publicly available data, marketing collaterals or available analyst information.
    5.  

  2. Pricing
    1. The Consultation and advices provided to you under these terms shall be without any charge.
    2.  

  3. Disclaimer and limitation of liability
    1. You hereby expressly agree that, we shall be entitled to use the information provided to us in the lead form or during the Consultation session for any demand generation or opportunity identification. With your consent, we may use the information for Sales purposes. You expressly agree that our Sales representative may contact you or your representatives for further conversations.
    2. This website and any Consultation provided to you contains general information only, and we are not, by means of this the Consultation, website or any part thereof, rendering professional advice or services. The information contained herein should not be construed as a substitute for professional advice.
    3. Any advice and content provided to you is provided as is, to the best of our knowledge and for information purposes only, and we make no express or implied representations or warranties regarding it. Without limiting the foregoing, we do not warrant that any information provided to you will be error-free or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
    4. Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage. We will not be liable for any direct, indirect, special incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this website.
    5. We may, without notice to you, at any time, revise these Terms of Use and any other information contained in this website. We may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
    6.  

  4. Confidential information
    1. The intention of the Consultation is not to receive any confidential or proprietary information from you through our website or through the Consultation. Please note that any information or material sent to Tata Communications will be deemed NOT to be confidential. By sending any information or material to us, you grant Tata Communications an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Tata Communications is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site or during Consultation will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Tata Communications for the purpose of receiving products or services will be handled in accordance with our privacy policies. We may make such any information disclosed to us during Consultation available to its Affiliates, employees, third party service providers, and to regulatory authorities.
    2.  

  5. Personal Information:
    1. You agree that you shall at all times comply with our current Acceptable Use Policy (“AUP”) and current Privacy Policy (“Privacy Policy”). You hereby expressly acknowledge that you have reviewed, understood and accept our AUP and Privacy Policy, a copy of which is available on https://www.tatacommunications.com/policies/acceptable-use/and https://www.tatacommunications.com/policies/privacy/, which may be updated from time to time.
    2.  

  6. Anti-Bribery
    1. Each Party represents that it has complied and shall comply with all applicable anti-bribery laws and regulations, including, without limitation, the U.S. Foreign Corrupt Practices Act, the UK Bribery Act and similar laws of any other Governmental Authority, and has not taken and shall not take any action in furtherance of an unlawful offer, promise, or payment to or for the benefit of any person, including but not limited to (i) any government official or employee (including, without limitation, any official or employee of a government agency, regulatory authority or entity owned or controlled by the government), any candidate for public office or official of a political party, or any official or employee of a public international organization (any of the foregoing, a “Government Official”); (ii) any member of a Government Official’s family; or (iii) any political party. Members’ and Company’s use of the Program shall not violate anti-bribery laws and regulations. Members hereby agree to comply with the Tata Code of Conduct and Company’s Anti-Corruption Policy, a copy of which is available on https://www.tatacommunications.com/wp-content/uploads/2017/07/CORP-TataCodeofConduct-20170516.pdf and https://www.tatacommunications.com/wp-content/uploads/2017/07/Designed_AntiCorruption_Policy.pdf, which may be updated from time to time.
    2.  

  7. LIMITATION OF LIABILITY
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TATA COMMUNICATIONS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE OR THROUGH CONSULTATION, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TATA COMMUNICATIONS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
    2.  

  8. General
    1. Except as otherwise expressly set forth herein, these Terms supersede any prior agreements or terms of service on the same subject matter and will govern your participation in the Consultation. These Terms may be modified by the Tata Communications from time to time at any time and you are responsible for any updates posted on the web site or sent to you by Tata Communications.
    2. The failure of the both parties at any time to enforce any right or remedy available to it under these Terms with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. Any clause of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability. That does not affect the validity or enforceability of that clause in any other jurisdiction nor invalidate the remaining clauses of these Terms.
    3. Both parties agree that each is acting independently of the other, that both parties are not joint ventures, and that neither is an agent of the other
    4. All notices to Tata Communications, made under or in connection with these Terms, shall be in writing and enclosed in a registered or certified postpaid envelope, if to Tata Communications, addressed to:
    5.  

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.

Privacy

PROTECTING YOUR PRIVACY – OUR COMMITMENT

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.

 

TATA COMMUNICATIONS AND YOUR PRIVACY

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.

HOW TO CONTACT US

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

 
 

PERSONAL DATA WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

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:

  • Equipment Data: Information that relates to and identifies the equipment on our and your networks that you may use or with which you interface for the Services you are receiving. Information might include equipment type, device identifiers, device status, serial numbers, settings, configuration, and software type.
  • Network Performance & Usage: Information about the operation of the equipment, Services and applications you use on our networks. Examples of this might include: wireless device location and type; call records including where a call was made from and to as well as its date, time, duration and cost (but excluding the content of the calls); the number of text messages sent and received; voice minutes used; bandwidth used and similar information (though We also collect information like transmission rates and delays, data associated with remote monitoring services and security characteristics, and information about your use of our interconnected voice over internet protocol (VoIP) services (including services purchased offline).
  • Web Browsing & Mobile Application Information: such as IP addresses, URLs, data transmission rates, and delays. We may also receive information about the pages you visit, the time you spend on them, the links or advertisements you see, click on and follow, the referring URL or the webpage that led you to our Sites, the search terms you enter, how often you open an application, how long you spend using any downloaded app and other similar information. Please see the section “Our Use of Cookies and other Tracking Mechanisms” below for more information on this. We may also have access to personal data contained in applications and other features of your mobile device if you expressly permit us to do so while you are using any of our applications on that device.
  • Location, direction and journey information: this will be collected based on any connected device you may use our Services on. It includes your ZIP/postal code and street address, as well as the whereabouts of your wireless device. Location Information is generated when your device communicates with cell towers, Wi-Fi routers or access points and/or with other technologies. Any connected device that you own, or which is otherwise linked to you will generate such information that will then be associated with you.

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:

  • directly from you: for example, when you make a purchase or provide your details in order to subscribe to our Services, submit a web enquiry or set up an account with us;
  • automatically: when personal data is generated through your use of our Services or our Sites; and
  • from third party sources: we sometimes collect personal data about you from trusted third parties, in connection with Services that we provide to you or propose to provide to you, where appropriate and to the extent we have a justified basis to do so. These include fraud-prevention agencies, business directories, credit check reference/vetting agencies and connected network providers. Anyone who provides you with access to your Services may also provide us with your personal data in that context.

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.

 
 

HOW DO WE USE THE PERSONAL DATA WE COLLECT?

We set out below some of the ways in which we process personal data:

  • to fulfil obligations under contract. This includes providing our Services to you; to communicate with you about your use of our Services; to obtain and process payment from you and to fulfil your orders for Services and any obligations on us relating to those services;
  • for the purpose for which you specifically provided the information to us, including, to respond to your inquiries, to provide any information that you request, to address technical support tickets, and to provide customer service support;
  • to make our Services and communications more relevant to you, including generating customer profiles, delivering customized content to you, to offer location customization, personalized help and instructions, and to otherwise tailor your experiences while using our Sites or our Services;
  • to better understand how customers and other third parties access and use our Sites and Services, both on an aggregated and individualized basis;
  • to administer, monitor, improve and customize our Sites and Services, for our internal operations, including troubleshooting, network management and network optimisation, research and analytical purposes, so that we can provide our customers with a better customer experience;
  • to investigate, prevent or take action regarding illegal activities, fraud, threats to our property or personnel and violations of our Terms of Use and/or applicable law and also to meet our legal and regulatory obligations;
  • to notify you about our new product releases and service development, alerts, events, updates prices, terms, special offers and associated campaigns and promotions (including via newsletters). Therefore, we and selected third parties may use your personal data to send you marketing communications about products and services based on your preferences and interest. You have a choice and can object to our use of your personal data for marketing purposes. When we are required by law to do so, we will obtain your consent before using your personal data for marketing purposes. If you do opt out, we will stop sending you marketing communications, but we will continue sending you non-marketing communications that relate to the Services you are using (for example billing information, software update communications, password resets etc);
  • if you attend an event, we may process information about you gathered in relation to the event and may share information about your attendance with your company. We may also permit designated event partner or conference sponsors to send you communications related to the event if you have shared your contact information at the event. Please note that sponsors from other companies may directly request information about you at their conference booths or presentations, and their use of your personal data that you provide to them will be subject to their privacy policies;
  • to assist us in advertising our products and services in various mediums including, sending promotional emails, advertising our services on third party sites and social media platforms, direct mail, and by telemarketing;
  • where we ask you for specific consent to a use of your personal data , we will use it in the ways we explain at the time of obtaining that consent; and
  • in any way required by law, regulation or the public interest such as in response to requests or orders by government or law enforcement authorities conducting an investigation or to respond to an emergency. This use may require us to disclose your personal data including contact details and/or information about your usage of our Services to relevant authorities or to block, intercept or otherwise interfere with your use of our Services and any personal data generated by that usage. Achieving a balance between, on the one hand ensuring protections for the privacy and other fundamental human rights that may be exercised through use of our Services and, on the other, the exercise of lawful investigatory powers for the public good on the other can be complicated. We do not accede to such requests without careful consideration of all the circumstances. Even where we are legally obliged to disclose personal data , we will give careful consideration to the extent to which doing so will infringe on the fundamental rights, including the right to privacy, of any person whose personal data is to be disclosed or intercepted and we take whatever steps are practicable to mitigate and minimise any such infringement.

 
 

WHAT IS THE JUSTIFICATION FOR THESE USES?

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.

 
 

WHEN DO WE SHARE OR DISCLOSE THE PERSONAL DATA WE COLLECT?

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:

  • Affiliates. We may disclose the personal data we collect from you to our subsidiaries. Where permitted by law and with your consent where required, our affiliates may use your information for the purposes indicated in this Policy, including to market their products and services to you. In processing your personal data, our affiliates follow practices at least as protective as those described in this Policy. A list of our subsidiaries and affiliates covered by this Policy and their locations is available here.
  • Business, Sales and Marketing Partners. We may offer some of our Services together with or through third parties who may be system integrators, resellers, solution partners, network partners and affinity organizations. If we do so, we will need to share your personal data with these third parties to assist in providing and marketing that Service to you, as well as to enable the third parties to market their own products and services to you (with your permission, if required). We may also share your personal data with companies that are system integrators, resellers, solution partners, network partners and affinity organizations, and whom we believe might offer products and services of interest to you (again with your permission, if required).
  • Third-Party Service Providers. We employ other companies and individuals to perform functions that are necessary for the provision of the Services or for any of the purposes described above. Examples include: where permitted, jointly offering a product or service, sending communications, processing payments, assessing credit and compliance risks to give you access to our Services, fraud and financial crime prevention detection and prosecution, analysing data, providing marketing and sales assistance (including advertising and event management), customer relationship management, providing training, these third parties include; system integrators, resellers, solution partners, network partners, affinity organizations, third party vendors, service providers, contractors or agents, and other carriers or providers that we may disclose personal data to where necessary to provide our Services or fulfil your requests or orders, as well as entities that provide website hosting, service/order fulfilment, customer service, and credit card processing, effecting payments, among others. These third-party service providers have access to personal data needed to perform the functions we have entrusted to them but may not use it for other purposes where they process your personal data on our behalf. Whenever we share personal data with third parties, we take steps to ensure that third party contracts contain appropriate protections for your personal data.
  • Business Transfers. If we are acquired by or merge with another company, or if substantially all of our assets are transferred to another company (which may occur as part of bankruptcy proceedings), we may transfer your personal data to the other company. We may also need to disclose your personal data before any such acquisition or merger, for example to our advisers and any prospective purchaser’s adviser.
  • Legal Protection and in Response to Legal Process. We may disclose the personal data we you hold about in order to comply with applicable law, in response to or to pursue judicial proceedings, court orders and in other legal processes. We may also disclose, transfer or share it when we believe in good faith that disclosure is necessary: to protect or enforce our rights; protect your safety or the safety of others; investigate or prevent fraud; to respond to government requests – including from government and national or international law enforcement authorities outside of your country of residence – or for national security, public safety and/or law enforcement purposes. Personal data shall only be disclosed when we in good faith believe that we are obliged to do so in accordance with the law or that there are compelling reasons of public interest for us to do so. This will only be after a careful evaluation of all legal requirements and other relevant considerations, including any infringement on the fundamental rights to privacy or freedom of expression that might be impacted by the disclosure.
  • Sharing Aggregated and De-Identified Information. We may use your personal data to create aggregated and anonymised information which we may share with third parties. Nobody can identify you from that anonymised information. In other circumstances we may pseudonymise your personal data before sharing it with a third party so that we can re-associate you with the information once it has been processed and returned to us. Whilst the third party will not be able to identify you from the pseudonymised information, we will still be able to. We treat pseudonymised data as though it were personal data and ensure the same level of protection for it when sharing with third parties.

 
 

INTERNATIONAL TRANSFER OF PERSONAL DATA

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.

 
 

OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

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.

 
 

THIRD-PARTY AD NETWORKS

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.

 
 

COMMUNICATIONS AND MARKETING

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.

 
 

USER GENERATED CONTENT

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.

 
 

THIRD-PARTY LINKS

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.

 
 

SECURITY

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.

 
 

WHAT RIGHTS DO I HAVE IN RELATION TO MY PERSONAL DATA ?

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.

 
 

Special information for residents of California, USA

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.

 
 

HOW LONG WILL YOU RETAIN MY PERSONAL DATA

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

 
 

CHANGES TO THIS POLICY

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.

Cookies

Information about our use of Cookies and other tracking mechanisms

Tata Communications Ltd., its subsidiaries (collectively “Tata Communications”)and third party service providers use cookies on this website (Site) and other Tata Communications websites. This website uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse this website and also allows us to improve the site for all our users.

Websites that operate across certain parts of the European Union are required to obtain consent before using or storing cookies (or similar technologies) on your computer or mobile device.

This cookie policy provides you with information about the cookies that we use and the reason why we use these cookies.

For further information about this policy or if you require a detailed list of all cookies which are used by this website, please contact: Legal Compliance.

What is a cookie?

A cookie is a small file of letters and numbers that is placed on your web browser, or on the hard drive of your computer or mobile device.

Key Concepts

First and third-party cookies: whether a cookie is a ‘first’ or ‘third’ party cookie depends on the domain (or website) that places the cookie. First-party cookies are set by the website that is actually being visited , whereas third-party cookies are set by a domain other than the website that is currently being viewed. If a user visits a website and another web service sets a cookie through that website, this would be a third-party cookie.

Session cookies: these cookies are temporary and only last as long a user’s ‘ browser session’. A browser session starts when a user opens the browser window and finishes when they close the browser window. Once the browser is closed, all session cookies will be deleted.

Persistent cookies: these cookies remain on a user’s device after a browser session has finished. How long each cookie lasts will be specified by each cookie. Persistent cookies will be activated each time that a user revisits the website that placed the particular cookie.

How to delete and block our cookies

You can block cookies by using the settings of your web browser, which will allow you to refuse some or all cookies (for tips on how to do this, see the section “How to turn cookies off?” below). Please bear in mind, though, that if you chose to block all cookies (including essential cookies) you may not be able to access some or all of this website.

Unless you have set your browser settings to refuse cookies, our system will place cookies as soon you visit this site. Turning off or deleting cookies will not prevent this website from identifying the type of device you are using (i.e. a computer or mobile device) and collecting related data.

How to turn cookies off?

Internet browsers allow you to control your cookie settings, which are usually found in the ‘options’ or ‘preferences’ menu of your browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option of your internet browser to find more details.

Can I withdraw my consent?

Once you have given us your consent to use cookies, we will place a cookie to remember that you have already given your consent the next time that you visit this site. This cookie will expire periodically. If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.

For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org/

What cookies do we use and why?

The cookies used on this website are categorised as follows:

Strictly necessary

Performance

Functionality

Targeting

Strictly Necessary

‘Strictly Necessary’ cookies allow us to provide some essential features on our websites, such as secure areas and shopping baskets. Without these cookies, we would not be able to provide some of the services that you have asked to use. The ‘Strictly Necessary’ cookies that we use do not gather any personal information about you that can be used for marketing purposes or for tracking where you have been on the internet.

We use these Strictly Necessary cookies to:

Identify you as being logged-in to this website;

Make sure that you connect to the right service on this site when we make any changes to the way the website works;

To route users to specific applications of a service, or specific servers.

‘Strictly Necessary’ cookies are essential to the proper functioning of this website, so if you chose to block these cookies we cannot guarantee your use of the site, or how the security on this site will perform during your visit.

Performance

“Performance” cookies collect information about how you use this website (e.g. which pages you visit, or if you experience any errors). These cookies do not collect any information that could identify you and are only used to help us improve how this website works, understand what interests our users, and measure how effective our advertising is.

We use Performance cookies for:

Web Analytics: To provide statistics on how this website is used;

Error Management: To help us improve this website by measuring any errors that occur;

Testing Designs: To test different designs for this website;

Tracking and monitoring the site’s content to improve the user experience.

Some of the “Performance” cookies we use are managed by third parties, and you may refer to the third parties’ own website privacy notifications for further information.

By using this website, you accept our use of “Performance” cookies. Accepting these cookies is a condition of using this website, so if you prevent them we cannot guarantee how this site will perform for you.

Functionality

“Functionality” cookies are used to provide services or to remember settings to improve your visit.

We use Functionality cookies to:

Remember settings you’ve applied, such as layout, text size, preferences, and colours;

Remember if we’ve already asked you if you want to fill in a survey or poll;

Show you when you’re logged in to this website.

Some of these cookies are managed by third parties. Where this is the case we don’t allow the third party to use the cookies for any purpose other than those listed above.

Targeting

“Targeting” cookies are linked to services provided by third parties, such as ‘Like’ buttons and ‘Share’ buttons. Third parties provide these services in return for recognizing that you have visited this website.

We use Targeting cookies to:

Link to social networks like Facebook, who may subsequently use information about your visit to target advertising to you on other websites;

Provide advertising agencies with information on your visit so that they can present you with advertisements in which you may be interested.

You can control whether or not these cookies are used, but preventing them may stop us from offering you some services or targeted advertising.

Google Analytics

Our Sites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help a website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In order to anonymize IP addresses collected from the European Economic Area, Google will truncate/anonymize the last octet of the IP address. Only in exceptional cases will the full IP address be sent to and shortened by Google servers in the USA. On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore, you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html. Please note that on our Sites, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).

Other Tracking Mechanisms

We may also engage third parties to track and analyze data collected from our websites. We use the data collected by such third parties to help us administer and improve the quality of our websites and to analyze usage. We may also work with third parties, such as network advertisers, to display advertising on our Sites and to display advertising about Tata Communications on our websites. These third parties may combine the information that we provide about you with other information that they have collected. This cookies policy does not cover such third parties’ use of the data.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We and our third party service providers may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our websites to, among other things, track the activities of visitors, help us manage content and compile statistics about usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Do-Not-Track. Our Sites do not recognize browser requests not to be tracked.

Useful information about cookies can be found at:

http://www.allaboutcookies.org

Analytics cookies

For more information about Google analytic cookies, please see Google’s help pages and privacy policy:

  • Google’s Privacy Policy [https://www.google.com/intl/en/policies/privacy/]
  • Google Analytics Help pages [https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage]

Behavioural Advertising

A guide to behavioural advertising and online privacy has been produced by the internet advertising industry which can be found at:

http://www.youronlinechoices.eu

www.aboutads.info

International Chamber of Commerce United Kingdom

Information on the ICC (UK) UK cookie guide can be found on the ICC website section:

http://www.international-chamber.co.uk/our-expertise/digitaleconomy

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