General Privacy Policy

Effective: June 4, 2024

I. Introduction

Phoenix Infrastructure LLC (also known as Centersquare) and its affiliates (collectively “Centersquare”, “we”, “our”, or “us”) are global providers of data center colocation services. This General Privacy Policy (“General Privacy Policy”) addresses the privacy rights of individuals who:

visit or use our Website.
interact with us on behalf of Customers in connection with the provision of our Services.
interact with us on behalf of a Service Provider in connection with the products and services our Service Provider provides to us.
interact with us on behalf of a business partner in connection with our relationship with that business partner.
apply to work with us.
receive marketing communications from us or otherwise communicate with us via email, phone, or in person; and/or
interact with us by registering for, attending, and/or otherwise taking part in our trade events, webinars, or conferences.

This General Privacy Policy, along with our GDPR Privacy Policy and our Data Privacy Framework Policy set forth at the links below, is designed to assist individuals and businesses that interact with us to understand the types of Personal Data we collect, how that Personal Data is Processed, and the practices we have adopted to protect Personal Data. If your Personal Data is Processed by us in the EEA or the UK or if you are a resident of the EEA or the UK and subject to GDPR protections, please click here to view our GDPR Privacy Policy for data processing in the EEA/UK.

Although Centersquare no longer relies on the Privacy Shield Framework as a lawful transfer mechanism, but instead relies on the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF (the “UK Extension”), and Swiss–U.S. Data Privacy Framework (“Swiss-U.S. DPF ”) ) (collectively the “Data Privacy Framework” or the “DPF”), our Affiliates in the U.S. remain subject to the regulatory enforcement powers of the U.S. Federal Trade Commission concerning Personal Data that was transferred to them under the Privacy Shield Framework. Please click here to view our Data Privacy Framework Policy covering personal data transferred from the EEA/EU/UK/Switzerland to the United States under the relevant Data Privacy Framework.

In the event of a conflict between the GDPR Privacy Policy and this General Privacy Policy, the GDPR Privacy Policy will prevail. In the event of a conflict between this General Privacy Policy or GDPR Privacy Policy and the Data Privacy Framework Policy, the Data Privacy Framework Policy will prevail.

II. Definitions

“Affiliates” mean entities that are under Centersquare’s common ownership or control.

“CCPA” means the California Consumer Privacy Act, as amended, and its implementing regulations.

“Controller” means a person or organization that, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.

“Customer” means a business that has, formerly had, or is contemplating purchasing or using our Services.

“GDPR” means the EU General Data Protection Regulation 2016/679, as amended.

“Personal Data” means any information relating to an identified or identifiable natural person. The Personal Data we collect may include:

Identifiers/ Personal Information1 (e.g. name, postal address, email address, phone number, IP address, account name and login information, government identification number, etc.)
Demographic Information (e.g. race, color, national origin, religion, sex, age, disability, etc.)
Commercial Information (e.g. records of purchases or transactions, payment history, etc.)
Financial Information (e.g. account number, debit card or credit card number, etc.)
Biometric data (e.g. fingerprints, DNA, retinal scan, voice recording, etc.)
Electronic Network Activity Information (e.g. browsing history, search history, etc.)
Geolocation data
Audio, electronic, visual, thermal, olfactory, or similar information
Education and Work history (e.g. schools attended, degrees earned, past employers, etc.)
Medical Information (e.g. medical history, health insurance information)

“Process”strong> and “Processing” means any operation or set of operations which is performed upon Personal Data, whether by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction.

“Processor” means a person or organization that engages in Processing.

“Representative” means an individual who (i) acts on behalf of a Customer, including, a Customer’s employees, agents, and representatives, (ii) acts on behalf of a Service Provider, including, a Service Provider’s employees, agents, and representatives, (iii) acts on behalf of a business partner, including a business partner’s employees, agents, and representatives or (iv) otherwise interacts with us in any manner, for example, through our Website, in emails, phone calls, or in-person interaction.

“Sensitive Personal Information” includes, but may not be limited to, Personal Data defined as special category data under the GDPR or as sensitive personal information under the CCPA, which includes, among others, information about health, government-issued identification numbers, precise geolocation, genetic data, biometric data for uniquely identifying an individual, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or information about an individual’s sex life or sexual orientation.

“Service Provider” means a supplier, subcontractor, vendor, or other third party who provides services to us.

“Services” means the products and services provided by us, including, but not limited to, colocation and other data center services, fraud detection software and services, website accessibility compliance software and services, data analytics services, and cybersecurity software and services.

“Website” means all the websites and mobile applications maintained by us that display a link to the General Privacy Policy, the GDPR Privacy Policy, and/or the Data Privacy Framework Policy.

“Website Visitor” means an individual who visits the Website.

III. Personal Data Collected

For our customers, we may collect the Personal Data of your Representatives (e.g., name, job title, business contact details, etc.) when your Representatives inquire about, negotiate, purchase, or use any of our Services on your behalf.

For our Service Providers, we may collect the Personal Data of your Representatives when we inquire about or purchase services from you to support our business operations. Personal Data collected may include identifiers, financial information, and geolocation data.

For our business partners, we may collect the Personal Data of your Representatives in connection with our interactions with you. Personal Data collected may include identifiers, financial information, and geolocation data.

For prospective employees, we may collect your Data when you visit, browse, or register on our Website, when you apply for employment, when you provide additional Personal Data during the application and interview process when you speak to our employees during your interview process, and when you otherwise provide or authorize us to collect your Data during the application and interview process. Personal Data collected as part of the application process may include identifiers and your education and work history.

For our Website visitors, we may collect or store information about your interaction with our Website ("usage information"), such as when you visit, browse, register on our Website, complete a form on our Website, or engage in online support received through our Website. We may also collect certain information about your session when you visit our Website, including internet protocol (IP) addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and clickstream data, as further outlined in Section VI below. Usage information is typically anonymous information; however, if it is combined with your Personal Data in a manner that reasonably allows it to be associated with your identity, or is otherwise considered Personal Data under applicable law, it will be treated as Personal Data under this General Privacy Policy, and, if you are an EU resident, it may be considered Personal Data Personal Data and be subject to our GDPR Policy.

We may also collect the Personal Data of Representatives if they, for example:

register for a trade event, webinar, or conference hosted by us;
download or request content and information regarding our Services;
complete a survey or form,
request online support through our Website; or
receive marketing communications from us.

In addition, some third parties, such as our business partners and Service Providers may provide us with Personal Data, such as the following:

Information from our advertising partners. We may receive information about you from some of our Service Providers who assist us with marketing or promotional services related to how you interact with our Website, applications, products, Services, advertisements, or communications. This may include, for example, job title/function, business address, topics of interest, firmographic information (company size by employees or approximate revenue band), and role in purchase decisions.

From time to time, we may receive personal information about you from third parties who recommend or suggest that we contact you for business purposes. We receive such personal information because you have consented to the third party that they might share your personal information. If we use that information to contact you, it will only be to see if you are interested in our products or services, or those of our business partners. We will not use this information for other purposes without your consent. In addition, if you inform us that you are not interested in these products or services, we will stop using the information to contact you. This can be done by unsubscribing from the receipt of future electronic communications from us by clicking on the “unsubscribe” link provided in such communications or by emailing unsubscribe@centersquaredc.com.

IV. Purpose of Personal Data Collection and Processing

We collect and Process Personal Data for the following purposes:

To administer and process transactions related to the Services we provide.
To provide, assess, and improve our customer support and customer service.
To personalize your experience using our Services or Website.
To communicate with you during contract negotiations or post-contract support.
To fulfill a legal obligation or to protect our rights.
To comply with applicable laws and regulations.
To advise you of additional or new Services that may be of interest to your company.
To administer and manage Service Providers.
To work with business partners.
To improve and protect the integrity and security of our Services and our Website.
To enforce any applicable contracts.
To administer a contest, promotion, survey, event, conference, webinar, or other Website feature.
To consider you for employment.
To send periodic communications (the contact information that you provide may be used to send you information, including marketing, responding to inquiries and/or other requests or questions).
In an emergency, where the health or security of an individual may be endangered.
In the event of a corporate reorganization, including, but not limited to, merger, acquisition, or sale.
For any other purpose for which you have been notified, and if legally required where appropriate consent has been obtained.

If you receive marketing or referral communications from us by email, we seek your opt-in consent to send you such communications by email in jurisdictions where that is required. If we track whether you open any such email, we seek your opt-in consent to do so in jurisdictions where that is required. You may, in any event, unsubscribe from the receipt of future electronic communications from us by clicking on the “unsubscribe” link provided in such communications or by emailing unsubscribe@centersquaredc.com.

V. Security

We implement a variety of security measures designed to maintain the safety of your Personal Data when you enter, submit, or access your Personal Data, or when it is otherwise collected or processed by us. We take reasonable and appropriate measures to secure your Personal Data.

VI. Cookies and Other Technologies

When you visit our Websites, open an email that we send to you, or interact with the communication features on our Website, we may collect information about your usage or device by automated means or by using technologies such as cookies, web server logs, and web beacons. Please view Centersquare’s Cookie Policy for information on our practices concerning the use of these technologies.

VII. Disclosures of Personal Data

Except as otherwise detailed herein, we do not sell, disclose, or otherwise transfer Personal Data we have collected from you to outside parties. Within Centersquare

Centersquare transacts business across national borders. Accordingly, from time to time and subject to the provisions of this General Privacy Policy governing choice and updating your information and preferences (see below), we may share your Personal Data and usage information within Centersquare (i.e., between and among Centersquare and its subsidiaries). Such information may be used by each Centersquare entity for internal business and operational purposes, as well as for purposes consistent with the purposes for which the information was originally collected or subsequently authorized by you.
Service Providers. We share Personal Data with Service Providers that we have retained to perform certain services and functions on our behalf, and these Service Providers have agreed to use the Personal Data solely as necessary to perform the services and functions in accordance with our instructions and subject to appropriate nondisclosure limitations.
Business Partners. We may share your Personal Data with trusted business partners under our contractual arrangements with them, which will include appropriate safeguards to protect any Personal Data that we share with these partners. These include, for example, third parties that organize tradeshows, third-party consultants and experts, and auditors.
Affiliated Entities: We share Personal Data with entities that our Affiliates. Subject to local requirements, this Personal Data may be used to provide Services offered by our Affiliates, for Affiliates to provide support to the Affiliated entity that is sharing the Personal Data, or for any other purposes described herein. For example, our Affiliates may share Personal Data about our Customers, Service Providers, business partners, Representatives, prospective employees, and Website Visitors for direct marketing purposes.
Payment Processing. We work with a payment processing partner to process certain credit card payments. If you make a credit card payment to us, our payment processing provider will store your full name and credit card details.
Fraud Prevention and Protection of Legal Rights. We may use and disclose Personal Data to the appropriate legal, judicial, or law enforcement authorities and our advisors and investigators:
1. when we believe, in our sole discretion, that such disclosure is necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity or to protect our safety, rights, or property and those of each of our Customers, Service Providers, business partners, Representatives, Website Visitors, prospective employees, or others;
2. when we suspect abuse of the Website or Services or unauthorized access to any system, spamming, denial of service attacks, or similar attacks;
3. to exercise or protect legal rights or defend against legal claims; or
4. to allow us to pursue available remedies or limit the damages that we may sustain.
Legal Protections and Law Enforcement. We may have to disclose the Personal Data of our Customers, Service Providers, business partners, Representatives, prospective employees, Website Visitors, or others, in the following limited circumstances:
1. if a court, law enforcement, or other public or government authority with appropriate competency requests that we provide that Personal Data and we believe, in our reasonable discretion, that such request was made in compliance with applicable law.
2. to protect and/or defend this Privacy Policy or other policies or terms of use applicable to our Website, including investigations of potential violations thereof.
3. to protect the safety, rights, property, or security of Centersquare or any third party.
4. to detect, prevent, or otherwise address fraud, security issues or security breaches, or technical issues. This may include allowing third parties, such as copyright owners, internet service providers, wireless service providers, and/or law enforcement agencies, to access and use your usage information to identify you.
Corporate Reorganization and Business Transfers: We may share your Personal Data with a third party in the case of the reorganization, sale, merger, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stocks, including in the event of bankruptcy or corporate restructuring and during any due diligence process associated with such transaction or event. Any Personal Data that an individual submits or that is collected after the reorganization may be subject to a new privacy policy adopted by the successor entity, of which we will inform you, where required.

VIII. Retention

We will keep the Personal Data that we collect in accordance with Centersquare’s document retention policy and/or for as long as is necessary to achieve the purpose for which you provided it, or to the extent necessary for us to protect our rights, or as required by applicable laws.

IX. Collection of Personal Data from Children

Our Website is intended for individuals 18 years of age and older. It is not directed at, marketed to, or intended for, children under 18 years of age. We do not knowingly collect any information, including Personal Data, from children under 18 years of age. If we learn that we have collected Personal Data from a child under the age of 18, we will delete that information as quickly as possible. If you believe that we have inadvertently collected Personal Data from a child under the age of 18, please contact us at privacyprivacy@centersquaredc.com, and we will take immediate steps to delete it.

X. Enforcement and Changes to Privacy Policy

We encourage you to view this General Privacy Policy, including the GDPR Privacy Policy and Data Privacy Framework Policy when interacting with us to ensure you are aware of the current terms. We reserve the right to revise, update or modify this General Privacy Policy and the GDPR Privacy Policy and Data Privacy Framework Policy without prior notice, with changes becoming effective immediately upon posting, unless stated otherwise.

XI. Inquiries/Contact Us

You may have rights regarding your Personal Data depending on where you are and where your Personal Data is Processed. Please contact us at the email address below if you have questions in this regard or if you wish to update your Personal Data. Please note that if you have an account with us, you may update certain information through that account. We commit to resolving complaints about your privacy and our collection or use of your Personal Data. Should you have any questions or concerns regarding this General Privacy Policy, the GDPR Privacy Policy, or the Data Privacy Framework Policy, or any of its or their provisions, you may contact us at: privacy@centersquaredc.com: privacy@centersquaredccentersquaredc.com.

XII. Governing Law; Venue; Waiver of Jury Trial and Class Actions

Unless applicable data protection/privacy laws provide otherwise, this General Privacy Policy is governed by the laws of the State of Texas, without regard to any conflict of law provisions; and you hereby waive all rights to bring or maintain any court action, jury trial, or any class claim, class action, class arbitration, or other representative action, claim, or proceeding against us in a court of law.

XIII. Your Data Privacy Rights

Depending on where you live you may have certain rights with respect to your Personal Data, as described below. You may submit a request to exercise one or more of these rights by emailing us at privacy@centersquare.com with the subject line “Privacy Rights Request” and letting us know which country or U.S. state you live in, or as otherwise described below. Once we receive a request to exercise your data privacy rights, we may be required to verify your identity before proceeding. We verify identities by comparing certain details you provide (such as name, email, and relationship) with information we have. In some cases, we may need additional details to verify your identity. In certain circumstances, we may decline a request to exercise the rights below, particularly where we are unable to verify your identity or locate your information in our systems, or as otherwise permitted by law.

California. If you live in California, you have the following rights:
1. Right to Know. You can ask us to give you information about our collection and use of your Personal Data. Specifically, you can request that we provide you one or more of the following:
  1. the categories of Personal Data we collected about you.
  2. the categories of sources from which we collected your Personal Data.
  3. our purposes for collecting your Personal Data.
  4. the categories of third parties to whom we disclose your Personal Data.
  5. the specific pieces of Personal Data we collected about you.
2. Right to Delete. You can ask us to delete your Personal Data that we collected from you, subject to certain limitations.
3. Right to Correct. You can ask us to correct any inaccurate Personal Data that we have about you.
4. Right to Opt-Out of Sale or Sharing. Our disclosure of your Personal Data to third-party advertising and analytics providers may constitute a sale or “sharing” (which is a term used to address the sharing of information for advertising purposes) under California privacy law. To the extent that our use constitutes a sale or sharing of your Personal Data, you have the right to opt-out by enabling an opt-out preference signal or Global Privacy Control on your browser or opting-out of cookies through the cookie banner.
5. Right to Limit Use and Disclosure of Sensitive Personal Information. When we collect information including government identification numbers, health information, or financial account information, we are deemed to be collecting data that is “sensitive” under California law. Consumers have the right to limit the use and disclosure of sensitive information when used or disclosed for a purpose other than what is specified in the CCPA. We do not use it for any purpose that is inconsistent with the CCPA and its implementing regulations. We also do not use it to make inferences. So, this right does not apply.
You may also have your authorized agent request on your behalf. If you have an agent making a request, we require that the agent provide us with proof that you permitted us to submit the request and/or you verify your identity with us and confirm you gave the agent permission to submit the request.
Colorado, Connecticut, Montana, Texas, Utah and Virginia. Privacy laws in Colorado, Connecticut, Texas, Utah, and Virginia give consumers certain rights with respect to their Personal Data. Consumers in Montana will likewise have such rights effective October 1, 2024. Those rights may include:
1. Right to Access Information. You have the right to access and obtain a copy of your Personal Data.
2. Right to Request Deletion. You have the right to request that we delete Personal Data provided by or obtained about you.
3. Right to Correct. You have the right to correct inaccuracies in your Personal Data.
4. Right to Opt-Out of Targeted Advertising. You can ask us to not use or disclose your information for targeted advertising to you based on your Personal Data obtained from your activity across different businesses, services, websites, etc.
5. Please see the California rights section above for a description of how to exercise your right to opt out of targeted advertising.
Residents of Colorado, Connecticut, Texas, Utah, and Virginia (and Montana, as of October 1, 2024) can appeal a refusal to act on a request by contacting us by email at privacy@centersquaredc.com.
Canada, Japan and Singapore. If you live in one of these countries, you have the following rights:
1. Right to Access. You can ask us to confirm that we have Personal Data about you and provide you with a copy of that information.
2. Right to Correct. You can ask us to correct any inaccurate or incomplete Personal Data that we have about you.

Personal information does not include information that is de-identified or corporate information that relates to an organization but not to an individual, such as a corporate name, corporate address or general corporate phone number.

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