We at ViaWest are concerned about and committed to protecting the privacy of you, our website visitors, as well as our customers and our employees. To that end, we have established this Privacy Policy as a commitment to maintain the privacy of your personal information.

Use of Personal Information

We may gather information about you through our website in three ways. First, we may collect and store some personally identifiable information (such as your name, telephone number, and e-mail address) that you provide to us through surveys, job applications, contests, service orders, or inquiries on this site. Second, we may collect and store information about your visit to this site in collective or aggregated data that does not identify you specifically. Third, we may collect and store information through the use of "cookies." The term "cookies" refers to lines of text that are transmitted to your web browser when you click on a site, providing a way for a server to recall a previous request or previous registration, or keep track of a transaction as it progresses, so that information does not have to be repeated. We use all of this information to help maintain accurate accounts, to provide and to change services, to provide accurate billing and shipping, to answer your inquiries, to market our services and products, and to help make our website useful to you. We do not market to or collect personal information about children under 13 years of age.

Sharing Information

The information that we obtain from you is generally necessary for us to provide your services and to design new services for your future use. As a general rule, ViaWest will not sell, trade, or disclose to third parties personal information gathered online about you without your consent. The only exceptions to this rule are: (1) when we work with affiliated businesses, partners, or agents to develop a relationship with you or to perform services for you on our behalf or (2) as may be required by lawful requests by public authorities such as through a subpoena, search warrant, or other legal process, including to meet national security or law enforcement requirements, or in the case of imminent physical harm to you or others. In the case of (1) above, we require the relevant businesses, partners, or agents to adhere to our policies regarding the use and protection of your personal information.

E-mail Communication

We and our affiliated businesses, partners, and agents may use e-mail to communicate to our customers, respond to visitors' e-mails, or to inform you about events or new products. We will not send commercial solicitations via e-mail to you if you request that they not be sent.

Choice

You may choose to "opt out" of (a) any third-party sharing of personal information by ViaWest (except pursuant to item (2) of "Sharing Information" above) or email communication as permitted above or (b) ViaWest's use of personal information you feel is incompatible with the purpose(s) for which it was originally collected or authorized by you. If you wish to "opt out," please contact ViaWest with such request via email at [email protected] or via mail at 6400 S. Fiddler's Green Circle, Greenwood Village, CO, 80111 Attn: General Counsel. ViaWest does not intend to collect any "sensitive information," however in the event that ViaWest does collect any "sensitive information," you will be given an affirmative "opt in" choice for any third-party sharing of such information by ViaWest or if it is to be used for a purpose other than that for which it was originally collected or authorized by you.

Access

If you wish to obtain a copy of the personal information collected by ViaWest or to correct, amend, or delete personal information collected by ViaWest, please contact ViaWest with such request via email at [email protected] or via mail at 6400 S. Fiddler's Green Circle, Greenwood Village, CO, 80111 Attn: General Counsel.

Security

ViaWest exercises generally accepted industry standards to protect the personal information provided to or collected by us. In the case of item (1) of "Sharing Information" above, we require the relevant businesses, partners, or agents to adhere to our policies regarding the use and protection of your personal information.

EU-U.S. Privacy Shield Framework

ViaWest complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. ViaWest has certified to the Department of Commerce that it adheres to the Privacy Shield Principles, and accordingly is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. ViaWest commits to cooperate with EU data protection authorities (DPAs) with regard to human resources data transferred from the EU in the context of the employment relationship. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Our accountability for personal data that we receive under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, we remain responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process personal data on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, ViaWest commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union with inquiries or complaints regarding our Private Shield policy should first contact ViaWest via email at [email protected] or via mail at 6400 S. Fiddler's Green Circle, Greenwood Village, CO, 80111 Attn: General Counsel.

ViaWest has further committed to refer unresolved Privacy Shield complaints to the American Arbitration Association, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit the American Arbitration Association at www.adr.org for more information or to file a complaint. The services of the American Arbitration Association are provided at no cost to you. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means.

Modifications/Enforcement

ViaWest reserves the right to modify this Privacy Policy from time to time without notice in ViaWest's sole discretion. Such modifications shall be effective when posted. If you have any inquiries or concerns regarding ViaWest's privacy policy or our compliance with this privacy policy, please contact ViaWest via email at [email protected] or via mail at 6400 S. Fiddler's Green Circle, Greenwood Village, CO, 80111 Attn: General Counsel. If you believe that ViaWest has operated in a manner inconsistent with or in violation of this Privacy Policy, please contact ViaWest immediately, via email at [email protected] or via mail at 6400 S. Fiddler's Green Circle, Greenwood Village, CO, 80111 Attn: General Counsel, to remedy the inconsistency or problem. If the inconsistency or problem is not remedied by ViaWest to your satisfaction, please contact the American Arbitration Association at www.adr.org for an independent review and resolution of the issue.