Privacy Policy

We collect Personal Data in a variety of ways.

We process Personal Data that you voluntarily submit directly to us, or when you otherwise communicate with us verbally or in writing. This can include information you provide to us when you make a request on our Sites, correspond with us by phone, email or otherwise, or engage with VIAVI in the ways described above. Personal Data does not include information from which the identity of an individual has been removed (also known as anonymized or aggregated data).

The Personal Data we may have about you is:

• Contact information: Including name, e-mail address, work address, telephone number, job title, job function, job level, company name, country, information about your job role and other related information.
• Enquiry, Feedback and Communications Information: Including comments, free text and other Personal Data that you may provide to us in connection with your contact request.
• Account Information: If you choose to register with our Customer Service Portal, register with our Partner Portal or other websites run by VIAVI, we process a user ID and password, profile information, and any other information you provide to us.
• Payment information: To process payments, such as a credit card number and associated security code.
• Marketing Information: If you choose to subscribe to our marketing programs or contact us for other purposes, we may collect applicable interest and communication preferences.
• Event and Webinar Information: If you attend a webinar run by us or provide us with your information at a trade show, we may collect your registration information, call-in details, and attendee badge information.
• Your interaction with Marketing E-mails: If you signed up to receive marketing communications from VIAVI then we gather details about whether or not you opened the e-mails or if you clicked links on the e-mails.

Depending on your browser settings and cookie choices, we, and our third-party partners, may collect information about how you access and use our services when you visit our Websites or when you receive marketing e-mails from VIAVI. We typically collect this information through a variety of tracking technologies, including cookies and other related technologies, such as web beacons and pixels.

See the section “Our Websites and Cookies” for more detail about our use of cookies and the information we may gather from use of them.

The information we collect automatically about you may be combined with other Personal Data we collect directly from you or receive from other sources.

Depending on our relationship with you, we may also obtain Personal Data from third parties; which we often combine with Personal Data we collect either automatically or directly from an individual:

• VIAVI Entities: We may receive Personal Data from other companies and brands owned or controlled by VIAVI, and other companies owned by or under common ownership as VIAVI.
• Your Employer / Company: If you interact with VIAVI through your employer or company, we may receive your information from your employer or company, including another representative of your employer or company.
• Service Providers: Our service providers who perform services on our behalf, such as survey and marketing providers and payment processors, collect Personal Data and often share some, or all, of this Information with us. The Information may include contact information, demographic information, payment information, information about your communications and related activities, and information about your orders.
• Business Partners: We may receive your Personal Data from our business partners, such as companies that offer their products and/or services based on VIAVI products and/ or services. However, this will only be done if you have given consent to our Business Partners for your details to be shared with third parties like VIAVI. You can discuss your consent with Business Partners who you know work with VIAVI.
• Other Sources: We may also collect Personal Data about individuals that we do not otherwise have from, for example, publicly available sources, or through transactions such as mergers and acquisitions.
   

We may use the categories of Personal Data described in the section "The Personal Data We Collect About You" to:

• Fulfill or meet the reason the information was provided, such as to fulfill your request for a quote, request demo, contact from VIAVI, joining e-mail list, or manage an account for an online application or service.
• Communicate with individuals, including via e-mail, social media and/or telephone calls.
• Market our products and services to individuals, including through e-mail, direct mail, or phone.
• Administer, improve and personalize our services, including by recognizing an individual and remembering their information when they return to our services.
• Conduct research and analytics on our client base.
• Provide the online service you signed up for.
• Take payment for an order, if you choose to pay by credit card.
• Test, enhance, update and monitor our services, or diagnose or fix technology problems.
• Defend, protect or enforce our rights or applicable contracts and agreements.
• Prevent, investigate or provide notice of fraud or unlawful or criminal activity.
• Audit our internal processes for compliance with legal and contractual requirements or our internal policies.
• Comply with legal obligations, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

Depending on the data privacy law which applies to you, the following are VIAVI's legal bases for processing your Personal Data:

• We process Personal Data to the extent that you have given us your consent to do so.
• The processing is based upon our legitimate interests. For example, to provide you with the information you have requested.
• The processing is necessary for the performance of a contract with you or your employer.

VIAVI may share your Personal Data with the following kinds of third party:

• Entities within the VIAVI group companies, including our subsidiaries and affiliates, in order to help us process your Personal Data effectively and provide you with the products, services or information you request.
• Our consultants and/ or service providers, such as the business application providers that we use to conduct our business and manage our Websites.
• Advertising networks and advertising partners may be given the Personal Data described above in the section "Our Websites and Cookies", but only if you accept use of Experience cookies. See Cookies Preferences Page for full details.
• A third-party business, in the event that all or substantially all of our assets are sold or transferred to another party, or another corporate business transaction such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose Personal Data to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal Data may also be disclosed in the event of insolvency, bankruptcy or receivership. 
• Law enforcement agencies or a court. We may share your Personal Data with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with applicable law and the reasonable requests of law enforcement, (ii) to protect our rights and property or the rights and property of third parties, (iii) to detect and investigate illegal activities and breaches of agreements, (iv) to exercise or protect the rights, property or personal safety of VIAVI, its users or others.

We may also disclose Personal Data about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual's consent or direction we may post their testimonial on our Sites or service-related publications.

We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. If your cookie choices allow it, then we permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our Websites over time so that they may play or display ads on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Sites, AdID, and other similar information.

If permitted by your device settings, they may also collect location data through GPS, Wi-Fi or other methods. Our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms.

For more information about these practices and your choices regarding cookies, please see the "Our Websites and Cookies" section above.

You can instruct VIAVI regarding our use, processing and handling of your Personal Data by:

• Filling out our Individual Rights Request Form; or
• If you are in the USA, calling the toll-free number 1-844-923-1782.

As a minimum we offer everyone the following rights:

• Tell me what data you have about me
• Don't sell or share my data
• Correct the data you have about me
• Delete the data you have about me

In addition, we give more rights to individuals where required by the data privacy law, based upon applicable country or territory. You will be presented with all options available to you when you access the Individual Rights Request Form and choose your country of residence.
You also have the right to appeal against a decision made by VIAVI about you exercising your rights. Contact us on privacy@viavisolutions.com if you have a complaint. You also have the right to lodge a complaint to your local data protection authority.

You can choose not to accept Experience cookies within the Websites or by enabling "Do Not Track" or "Global Privacy Control" in your browser. You can see more details about the cookies we use and how to enable or disable their use in our Cookies Preferences Page.

You can stop receiving promotional email communications from us by clicking on the "unsubscribe" link provided in such communications. If you receive marketing and sales communications directly from VIAVI employees and wish to stop receiving them then reply to the individual and instruct them to remove you from their contact list.

You may not opt-out of service-related communications (such as account verification, transactional communications, changes/updates to features of the Services, technical and security notices).

We will usually store the Personal Data we collect about you for no longer than necessary to fulfil the purposes for which it was collected, and in accordance with our legitimate business interests and applicable law. However, if necessary, we may retain Personal Data for longer periods of time, until set retention periods and deadlines expire, for instance where we are required to do so in accordance with legal, tax and accounting requirements set by a legislature, regulator or other government authority.

Where Personal Data is retained by VIAVI purely on the basis of consent we will delete it at your instruction.

VIAVI implements appropriate technical and organizational measures to protect the Personal Data we hold concerning you against loss, interference, misuse, unauthorized access, disclosure, alteration or destruction. VIAVI is ISO 27001 certified. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your Personal Data.

Personal Data may be transferred to VIAVI companies or to third parties operating outside of the jurisdiction in which it was collected, including but not limited to the United States. VIAVI implements appropriate contractual measures to ensure that the relevant VIAVI companies and third parties provide an adequate level of protection to Personal Data, as set out in this policy and as required by applicable local law. Where the processing includes Personal Data that originates in the European Economic Area (EEA) or United Kingdom of Great Britain and Northern Ireland (UK), and is then transferred outside the EEA or UK then the relevant EU SCCs, Swiss SCCs and UK IDTA are implemented between relevant VIAVI companies and third parties. This Privacy Policy was drafted in English. In the event of a discrepancy between the English text and a translation of this Privacy Policy into another language, the English text shall prevail.

Our Websites and marketing activities are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Data from children under the age of 16. If an individual is under the age of 16, they should not use our Services or otherwise provide us with any Personal Data either directly or by other means. If a child under the age of 16 has provided Personal Data to us, we encourage the child's parent or guardian to contact us to request that we remove the Personal Data from our systems. If we learn that any Personal Data we collect has been provided by a child under the age of 16, we will promptly delete that Personal Data.

The Sites may contain links to third party websites, plug-ins and applications, or services that we do not own or operate. We are not responsible for the practices employed by any websites or services linked to or from the services, including the information or content contained within them. Your browsing and interaction on any other website or service are subject to the applicable third party's rules and policies, not ours. If you are using a third-party website or service, you do so at your own risk. We encourage you to review the privacy policies of any site or service before providing any Personal Data.

We may update this Privacy Policy from time to time and so you should review this page periodically. When we make changes to this Privacy Policy, we will change the date at the beginning of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page unless otherwise provided. By continuing to use the Sites, you will be deemed to have consented to the terms of the updated Privacy Policy.

There are two categories of cookies used on our Sites:

Essential cookies – These cookies enable you to browse our Websites and use certain features. These cookies also help keep our Websites safe and secure. Essential cookies mean that we use your device's IP address, but we don't store it. Also, we use Essential cookies to store your country and whether or not you have chosen to accept Experience cookies.

Experience cookies – These cookies allow us to improve our Websites' performance, provide more relevant content and an optimized user experience. The details of what information we gather about you is in the section, "The Personal Data We Collect About You" and what we use this information for is in the section, "How and Why We Use Your Personal Data".

You can choose not to accept these cookies within the Websites or by enabling "Do Not Track" or "Global Privacy Control" in your browser.

You can see more details about the cookies we use and how to enable or disable their use in our Cookies Preferences Page.

If you accept use of Experience cookies on our Websites then we can store:

• Anonymous and aggregated data about user interaction and use of our Websites, such as your region or country, browser type, device used, operating system, dates and times of visits, the sites from which you came to our Websites, the sites you are going to when you leave our Websites, pages visited, links clicked, videos watched, and other similar actions, such as search keywords entered or links or files opened.
• Anonymous data of user interactions with the Websites showing geographical location, browser type used, device used, operating system, page views, total time on Websites, and other similar actions such as mouse clicks, mouse movement, scroll depth, or page recordings.
• We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the services and to understand more about the demographics of our users. You can learn more about Google's practices at http://www.google.com/policies/privacy/partners and view its opt-out options at https://tools.google.com/dlpage/gaoptout.

Depending on your state of residency, these Additional U.S. State Privacy Disclosures (“U.S. Disclosures”) supplement the information contained in our Privacy Policy by providing additional information about our Personal Data processing practices and the choices you may have with regards to the processing of your Personal Data.

Unless otherwise expressly stated, all terms defined in our Privacy Policy retain the same meaning in these U.S. Disclosures.

For the purposes of these U.S. Disclosures, Personal Data does not include publicly available information or deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.

Nevada Residents
If you are a resident of Nevada, please note Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request please fill out our Individual Rights Request Form.

California-Specific Disclosures
“Shine the Light”. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of Personal Data (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share Personal Data with third parties for the third parties’ direct marketing purposes (Cal. Civ. Code §1798.83).

Authorized Agents: In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in these U.S. Disclosures where we can verify the authorized agent’s authority to act on your behalf. 

For requests to know, access, portability, delete, or correct Personal Data, we require the following for verification purposes: 
  (a) a power of attorney valid under the laws of California from you or your authorized agent; or 
  (b) sufficient evidence to show that you have:
    1. provided the authorized agent signed permission to act on your behalf; and
    2. verified your own identity directly with us pursuant to the instructions set forth in these U.S. Disclosures; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf. 

For requests to opt-out of Personal Data “sales” or “sharing”, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.

The following apply to you if you access or use the Websites from the European Economic Area, United Kingdom or Switzerland. 

VIAVI is the data controller of your Personal Data when we use it as described in this Privacy Policy, meaning that we determine and are responsible for how your Personal Data is processed.

VIAVI’s German Data Protection Officer
Scheja und Partner Rechtsanwälte mbB
Attorneys at Law (Germany)
Adenauerallee 136
53113 Bonn
Germany T +49 228 227226-0  ·  F +49 228 227226-26  ·  M +49 152 07682370
scheja-partner.de/en 

VIAVI SOLUTIONS DE MÉXICO S. DE R.L. DE C.V. with address at:

San Francisco No. 6
Colonia del Valle
Mexico City
Alcaldía Benito Juárez
CP 03100
Mexico

In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and designating JOSE LUIS GARCIA GONZALEZ as responsible for such Personal Data. 

Contact by email at reception.mex@viavisolutions.com.

VIAVI Solutions do Brasil Ltda. with address at:

Av. Eng. Luis Carlos Berrini, 
936 – 9 andar Sao Paulo
SP 04571-000 
Brazil

Brazilian LGPD Data Protection Officer: Gisele Freire

Contact by email at DPO.brasil@viavisolutions.com