Web Privacy Policy

Effective: June 4, 2024

I. Scope

This GDPR Privacy Policy of  Phoenix Infrastructure, LLC.  (also known as Centersquare), and its affiliates (collectively “Centersquare,” “we,” “our” or “us”) applies to Centersquare’s Processing of Personal Data within the EEA, including in the UK (listed in Section III below), in its role as a Controller, or as otherwise covered by the GDPR, when individuals:

• visit or use our Websites; 
• interact with us on behalf of a Customer 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 the business partner; apply to work with us;
• receive marketing communications from us; and/or
• interact with us by registering for, attending, and/or otherwise taking part in our trade events, webinars, or conferences or communicate with us via email, phone, or in-person interactions.

This GDPR Privacy Policy does not apply to any Personal Data Processed, stored, or hosted by Customers using any of our Services or to the extent that we Process Personal Data in the role of a Processor on behalf of our Customers. Where we act as Processors on behalf of our Customers, that Processing is subject to the protections contained in our data processing agreements with Customers. We have no control over, and are not responsible for, any Personal Data that our Customers may store or host on their equipment or otherwise process while using our Services.  We are not responsible for the privacy or data security practices of our Customers, which may differ from those set forth in this GDPR Privacy Policy. For information related to how our Customers Process Personal Data, please contact the relevant Customer directly.

Furthermore, this GDPR Privacy Policy does not apply to any third-party website or service that may be linked to our Website unless that website or service is controlled by us and displays this GDPR Privacy Policy. We have no control over, and are not responsible for, the data collection and/or handling practices of these third-party websites or services. We encourage you to read the privacy statements of any third-party websites or services linking to (or linked to via) the Website. 

In the event of a conflict between this GDPR Privacy Policy and Centersquare’s General Privacy Policy, this GDPR Privacy Policy will prevail

II. Definitions

Please see the definitions set forth in Centersquare’s General Privacy Policy found here.

III. Identification of Controllers

Centersquare’s entities located in the EEA/UK that act as Controllers include the following:

• Cyxtera Technology UK Limited

For our Customers, Service Providers, business partners, and Representatives associated with us, the relevant Controller is the EEA/UK entity with which you have contracted; or, if you did not contract with an EEA/UK entity, the EEA/UK entity as determined by us.  For job applicants who apply to work with us, the Controller is the EEA/UK entity you applied to work for as determined by us.

IV. Our Contact Details

If you have any questions or concerns as to how your Personal Data is Processed, please write to us at privacy@centersquaredc.com or at 5 Churchill Place, 10th Floor, London E14 5HU (Attn: Centersquare Legal Department).

V. Centersquare’s Data Collection Practices

1. What Types of Personal Data Does Centersquare Collect?

   Centersquare collects and processes the following categories of Personal Data from Customers, Service Providers, business partners, Representatives, Website Visitors, prospective employees, individuals that receive marketing communications from Centersquare and individuals that interact with Centersquare by registering for, attending and/or otherwise taking part in Centersquare’s trade events, webinars or conferences or who communicate with Centersquare via email, phone or in person, in each case to operate its business for the specific purposes identified below.

   • Personal Details include data such as names, titles, company names, departments, email addresses, physical street addresses, telephone numbers, and social media usernames of individuals.
   • Login Credentials include data such as usernames and passwords of individuals needed to access various Customer portals or applications used to place Service orders and receive Customer support or otherwise access Centersquare systems.
   • Unique IDs include data such as IP addresses and geolocation data that we obtain from (a) Representatives, (b) prospective employees, (c) Website Visitors who access our customer portals or Websites, or (d) other individuals that interact with us.
   • Payment Information includes data such as bank name, account numbers, routing numbers, check numbers, and wire transfer IDs.
   • Customer Support Records include data such as call details and other similar data regarding customer support communications and chat sessions with Representatives.
   • Access Credentials and Visitation Records include data such as the dates, times, and locations of access to our data centers, photographs of Representatives with access privileges, CCTV recordings, and biometric access credentials, including, but not limited to, fingerprint scans.
   • Website Records include data related to your interactions with our Websites and other online content such as log data (i.e., preferences and settings, IP addresses, technical information about the device used to visit the Website, and geolocation information) and traffic data (i.e., pages viewed, date stamps, time spent on a page, click through and clickstream data, queries made, search history, search results selected, comments made, type of service requested, and purchases made).
   • Education and Work History includes details such as attended schools, past employers, descriptions of roles performed, locations of employment, and reasons for leaving past employment.
   • Marketing and Event Records include the personal details of the Representative signing up to receive marketing materials and information collected from Representatives who complete a survey or form.  Marketing records also include the personal details of Representatives who register for, attend, and/or take part in our trade events, webinars, or conferences and information about them.
2. Why Does Centersquare Collect Personal Data, what are the Sources of Personal Data, what are the Purposes for Processing, and What is the Lawful Basis?

   This section of the GDPR Privacy Policy covers Centersquare’s collection of data necessary for the establishment of relations with, or provision of Services to, existing Customers, the establishment of relationships with or receipt of services from our Service Providers, the establishment of relations with or interactions with business partners, interactions with our Website Visitors, interactions with applicants for employment, interactions with those that receive marketing communications from Centersquare and interactions with those that register for, attend and/or otherwise take part in Centersquare’s trade events, webinars or conferences or who communicate with Centersquare via email, phone or in-person.

   The table below sets out the types of Personal Data Centersquare Processes, the purposes of Processing such Personal Data, and Centersquare’s lawful basis for doing so. The lawful basis will vary with the type of Processing involved and will typically include Processing (i) necessary for Centersquare to pursue its legitimate business interests, (ii) based on your consent, where this is required by data protection laws, and (iii) necessary for Centersquare to comply with its legal obligations. Where we rely on our legitimate business interests, we have explained what the grounds are for that reliance.

 

VII. Opting Out of Marketing Communications

If at any time you wish for us to cease communicating with you with marketing materials, please take advantage of the “unsubscribe” link that you will find in any of our written electronic communications or email us at unsubscribe@centersquaredc.com . Please note you may still receive some communications such as those related to the Services you are receiving or in response to inquiries you have made to us.

VIII. Sharing with Third Parties

Except as described below, we will not share or disclose Personal Data with or to outside third parties (meaning entities outside of Centersquare). Centersquare entities may share Personal Data among and between each other. We will never sell Personal Data collected for the purposes of the provision of Services, or otherwise obtained from third parties, nor knowingly permit it to be used for marketing purposes by any person outside of Centersquare, except as described below.

1. Service Providers. We may share Personal Data with our Service Providers in connection with advertising, hosting, data analytics, information technology and infrastructure, order management and fulfillment, billing, contract management, email delivery, auditing, events, and other related activities. We provide such Personal Data or authorize the processing of such Personal Data only as necessary to enable our Service Providers to perform their designated functions. Our contracts with them (1) require them to act only under our instruction and for the purpose(s) directed by us with respect to such Personal Data; and (2) prohibit them from sharing such Personal Data with any third parties without our authorization.
2. Business Partners. We may also share your Personal Data with trusted business partners pursuant to our contractual arrangements with them, which will include appropriate safeguards to protect any Personal Data that we share with these partners. These may include third parties that organize tradeshows, third party consultants and experts, and auditors.
3. Affiliated Entities. We share Personal Data with our Affiliates (entities that are under Centersquare’s common ownership or control). Subject to local requirements, this Personal Data may be used to provide Services offered by our Affiliates, for the Affiliates to provide support to the Affiliated entity that is sharing the Personal Data or for any other purposes described in this GDPR Privacy Policy.  For example, Affiliates may share Personal Data about our Customers, Service Providers, business partners, Representatives, prospective employees, and Website Visitors for direct marketing purposes.
4. Payment Processing. We work with a payment processing partner to process credit card payments. If you make any credit card payment to us, our payment processing provider will store your full name and credit card details.
5. 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 the safety, rights, or property of Centersquare and 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.
6. Law Enforcement. We may have to disclose the Personal Data of our Customers, Service Providers, business partners, Representatives, applicants, Website Visitors or others 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.
7. Corporate Reorganization. We may transfer the Personal Data of our Customers, Service Providers, business partners, Representatives, Website Visitors or others to 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. Except as otherwise provided by a bankruptcy or other court, the use and disclosure of all transferred Personal Data will be subject to compliance with applicable data protection laws. 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, where required.

IX. Cross-Border Transfers

For cross-border transfers of EEA, UK or Swiss Personal Data to Centersquare Affiliates in the US and/or to third parties, such as Service Providers or business partners in countries outside the EEA/UK/Switzerland that are not considered to provide an adequate level of data protection, Centersquare will adopt safeguards consistent with applicable data protection law including, but not limited to, transferring such data (i) to a recipient that is covered by a suitable framework or other legally adequate transfer mechanism recognized by the relevant authorities or courts as providing an adequate level of protection for personal data, (ii) to a recipient that has achieved binding corporate rules authorization in accordance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) data protection laws, or (iii) to a recipient that has executed appropriate standard contractual clauses (“SCCs”) in each case as adopted or approved in accordance with EEA, UK, or Swiss data protection law.

Although Centersquare no longer relies on the Privacy Shield as a lawful transfer mechanism, our Affiliates in the U.S. remain subject to the regulatory enforcement powers of the U.S. Federal Trade Commission with respect to Personal Data that was transferred to them pursuant to the Data Privacy Framework. Please click here to view our Data Privacy Framework Policy covering Personal Data transferred from the EEA/UK/Switzerland to the United States pursuant to the effective Data Privacy Framework. The list of self-certified Centersquare Affiliates can be found here.

X. Data Retention

We will retain Personal Data that we collect and Process where we have a justifiable business need to do so and/or for as long as it is needed to fulfill the purposes outlined in this GDPR Privacy Policy.  We may retain Personal Data as required by law, such as for tax, legal, or accounting purposes, or as required under our data/record retention policy.

Centersquare’s CCTV or other video footage taken at our data centers is retained for 90 days and/or in accordance with our data/record retention policy. For current Customers, badge activity and badge holder profiles stored within our access control system are retained for the duration of the contract and for up to 12 months thereafter.  Such information may be retained for longer if it is included in other types of records that are subject to a longer retention period under our data/record retention policy.

When, in our reasonable discretion, we have no justifiable business need to Process your Personal Data (for example, after all of our necessary interactions have ended, our internal record keeping policies no longer require us to continue to Process your Personal Data, and we have no other legal obligations to retain your Personal Data), we will either delete it or anonymize it.

XI. Data Subject Rights under the GDPR

The GDPR grants individuals who are in the EEA/UK the following rights, with some limitations. Individuals may contact us, at the address provided in the Section IV captioned “Our Contact Details” above to exercise any of those rights and we will respond with the requested action or information or will let you know why such rights do not apply to you.

These rights are not absolute and are subject to various conditions under applicable data protection and privacy legislation and the laws and regulations to which we are subject.

In some cases, the exercise of these rights (for example, erasure, objection, restriction, or the withholding or withdrawing of consent to processing) may make it impossible for us to achieve the purposes identified in Section V or VI, as applicable, of this GDPR Privacy Policy or to otherwise provide Services.

• Right Not to Provide Consent or to Withdraw Consent. We may seek to rely on your consent in order to Process certain Personal Data. Where we do so, you have the right not to provide your consent, and the right to withdraw your consent at any time. If you withdraw your consent, this will not affect the lawfulness of the Processing conducted based on consent before its withdrawal.
• Right of Access. You have the right to obtain confirmation as to whether or not we collect or Process Personal Data concerning you and, if this is the case, you have the right to request a copy of such Personal Data in digital format.
• Right of Rectification. You have the right to request that we correct any inaccurate Personal Data concerning you, and that we complete incomplete Personal Data.
• Right of Erasure. In certain circumstances, you have the right to request that we erase Personal Data concerning you; for example, if it is no longer necessary for the purposes for which it was originally collected, and we do not otherwise have a legitimate reason to retain it.
  
  We may need to retain certain Personal Data when legally required, for internal, record keeping purposes, and/or in order to complete any transactions initiated prior to an individual’s request to remove or delete their Personal Data.  Where we are unable to delete data from our systems, we will anonymize it so it will no longer be tied to your identity.
• Right to Restrict Processing. In certain circumstances, you have the right to request that we restrict the Processing of the Personal Data that we have collected about you; for example, where you believe that the Personal Data that we hold about you is not accurate or lawfully held.
• Right to Data Portability. In certain circumstances, you have the right to receive the Personal Data concerning you that you have provided to us in a structured, commonly used, machine readable format, and for us to transmit the data to another entity where technically feasible.
• Right to Object to the Processing. In certain circumstances, you have the right to request that we stop Processing your Personal Data, including where we rely on legitimate interests as legal basis in the tables on the details of Processing provided above.  If you receive commercial electronic communications from us, you can unsubscribe from the receipt of future commercial electronic communications from us by clicking on the “unsubscribe” link provided in such communications or sending an email to unsubscribe@centersquaredc.com.  Please also note that if you do opt out of receiving commercial electronic communications from us, we may still send you important administrative messages (such as updates about your account or changes in the Services), and you cannot opt out from receiving these messages, unless you stop receiving our Services.
• Right Not to be Subject to Decisions Based Solely on Automated Processing that Produce Legal Effects. We do not make decisions based solely on automated processing - including profiling - that produces legal effects or similarly affects you.
• Right to Complain to a Supervisory Authority. You have the right to lodge a complaint with a Supervisory Authority if you believe that our Processing of Personal Data relating to you is inconsistent with our obligations under the GDPR. In this situation, we ask that you please consider contacting us first, so that we can try and assist with your query or address your concern.

To exercise any of your rights as set forth herein, please contact us in writing, via email or postal mail as indicated in Section IV “Our Contact Details” above, so that we may consider your request under applicable law. We may ask that you provide the following Personal Data for us to address your request speedily:

• The name, User ID, pseudonym, email address, or other identifier you have provided to us or, if you have not otherwise interacted with us, your first and last name and an address where we can correspond with you.
• The country in which you are located.
• A clear description of the Personal Data or content you wish to receive or to be deleted or corrected or other action you wish to be taken; and
• Sufficient information to allow us to locate the content or Personal Data to be deleted, removed, or corrected.

For your protection, we may only implement requests with respect to Personal Data that are associated with the email address that you use to send us your request.  In addition, please note that, depending on the nature of your inquiry, request, or complaint, we may need to verify your identity before implementing your request and may require proof of identity, such as in the form of a government issued ID and proof of your physical address.  We will try to comply with your request as soon as reasonably practicable and in any case within the timelines prescribed by applicable laws.  However, we reserve the right to refuse to act on a request that is manifestly unfounded or excessive (for example because it is repetitive) and/or, in some cases, to charge a fee that considers the administrative costs for providing the information or the communication or taking the action requested.