This document sets out the following:
This Privacy and Legal Notice was last updated on 31 March
2011
A. Viatel's Legal
Notice
The websites http://www.vtlwavenet.com/, http://www.viatel.com/ and
other websites owned or operated by Viatel from time to time
("Websites") and the services offered on and through the Websites
and Viatel systems are offered to you by the Viatel Group companies
listed in Section C below ("Viatel").
Please read this Legal Notice carefully before using Viatel
systems or services or the Websites or contracting with Viatel
through the Websites or otherwise. You may not use the Websites or
their contents or Viatel systems and services for any purpose that
is unlawful or otherwise prohibited by this Legal Notice.
1. Acceptance of Legal Notice
1.1 By accessing any part of the Websites or using Viatel
systems and services, you shall be deemed to have accepted this
Legal Notice. If you do not accept this Legal Notice, you must
leave the relevant Website immediately and not use any Viatel
systems and services.
1.2 Viatel reserves the right to change or update this Legal
Notice. Any revisions to this Legal Notice will be published on the
Websites and any significant changes that affect your rights will
be notified to you by email where you have provided your email
address to Viatel pursuant to a contract with us.
1.3 Additional terms and conditions apply where you enter into
any contract with Viatel for Viatel goods and services via the
Websites or otherwise and this Legal Notice will form a part of
such contract that you have with Viatel.
1.4 This Legal Notice also incorporates Viatel's Acceptable Use
Policy. Click here to view the Acceptable Use Policy. We advise
that you read this document carefully before using the Websites,
Viatel systems and services.
2. Copyright and Other Intellectual Property
Rights
2.1 Your use of the Websites, Viatel systems and services grants
no rights to you in relation to copyright, trade marks or other of
Viatel's intellectual property rights or the intellectual property
rights of third parties including Viatel's licensors.
2.2 You may not, without limitation, copy, reproduce, republish,
download, post, broadcast, record, transmit, commercially exploit,
communicate to the public, or otherwise use the content included in
or provided via the Websites, Viatel systems and services except
for your own personal, non-commercial use or where Viatel expressly
gives you a right to do so on a case-by-case basis. Subject to the
above, you may download insubstantial excerpts of such content to
your hard disk for the purpose of viewing it provided that no more
than one copy of any information is made.
3. Information on the Websites
Viatel is constantly seeking to improve the Websites, Viatel
systems and services and their content and Viatel may therefore
change any aspect of the Websites, Viatel systems and service
content, including the availability of any suppliers, features,
information, database or content at any time.
4. Limitation of Liability
4.1 Nothing in this Legal Notice shall restrict your statutory
rights (including your rights to receive a reasonable standard of
service).
4.2 Subject to Clause 4.1 above, all content and services on the
Websites, Viatel systems or services are provided on an 'as is' and
'as available' basis. Viatel does not make any promise in respect
of the Websites, Viatel systems or services or their content,
including, without limitation, any advice or other information
given and statements made by advertisers on the Websites or through
Viatel services. Please note that any opinions, views or advice
expressed by contributors or visitors to the Websites or Viatel
services do not necessarily represent Viatel's own.
4.3 Viatel will use all reasonable endeavours to correct any
errors or omissions as soon as practicable once they have been
brought to Viatel's attention. Viatel cannot, subject to Clause 4.1
above, promise that the Websites, Viatel systems or services will
always be available uninterrupted and in a fully operating
condition nor that the information on and provided via the
Websites, Viatel systems or services will be free from errors or
omissions. Further, given that you will be accessing third party
owned and controlled content via the Websites and in using the
Viatel systems and services, Viatel does not make any promises as
to such content and notes that any access by you of such content
shall be made with your own judgment and at your risk.
4.4 Access to the Websites, Viatel systems or services and any
content provided via these may be suspended temporarily and without
notice in the case of system failure, necessary maintenance or
repair or for reasons beyond Viatel's control or pursuant to an
investigation pursuant to the Acceptable Use Policy.
4.5 Viatel does not give any promise as to the accuracy,
suitability, reliability, completeness, performance, satisfactory
quality, fitness for a particular purpose, or freedom from viruses,
or other harmful programs of the content contained in or accessed
through the Websites or Viatel services.
4.6 From time to time, the Websites include hyperlinks to
websites operated by third parties (including in relation to the
sale of goods and services offered via the Websites or otherwise
from Viatel). Such hyperlinks are provided for your reference and
convenience only. Viatel does not control such websites and is not
responsible for their contents. Viatel's inclusion of hyperlinks to
such websites does not imply any endorsement of the material on
such websites or any association with their operators. In
particular, you acknowledge that will not be party to any
transaction or contract with a third party that you may enter into
in the course of using the Viatel systems and services or via such
hyperlinks and that Viatel shall have no liability to you in
respect of any such transaction, whether arising in contract, tort,
under statute or otherwise.
4.7 Viatel will not be liable for any damages, including
indirect or consequential losses and whether in contract, tort
(including negligence) or otherwise, arising in connection with a
breach of this Legal Notice as otherwise caused in using the Viatel
systems, services or Websites by you or another user of the
Websites that is not directly attributable to Viatel's breach or
negligence. Where Viatel is liable for direct loss this will be
limited to a maximum of the total price of the products or services
acquired or provided directly by Viatel to you via the Websites or
Viatel services in respect of which a claim is made or the sum of
£1,000 whichever is the lesser.
4.8 Nothing in this Legal Notice shall exclude or limit Viatel's
liability for fraudulent misrepresentation or death or personal
injury caused by Viatel's negligence.
5. Competitions, Offers and Prize Draws
Each competition, offer or other promotional features available
through the Websites may have specific terms and conditions. You
will need to read and accept these before making a submission.
6. General
6.1 Viatel shall not be liable for any failure for any
suspension, or termination of access to the Websites or any content
arising out of a force majeure event. A force majeure event shall
include, without limitation, failure of infrastructure, government
intervention, wars, civil commotion, hijacking, fire, flood,
accident, storm, strikes, lockouts, terrorist attacks, or
industrial action affecting Viatel or Viatel's suppliers, partners
or agents.
6.2 If any of the terms of this Legal Notice are determined to
be illegal, invalid or otherwise unenforceable by reason of law
then to the extent and within the jurisdiction in which that term
is illegal, invalid or unenforceable, it shall be severed and
deleted from these terms and the remaining terms shall survive,
remain in full force and effect and continue to be binding and
enforceable.
6.3 This Legal Notice shall be governed by and interpreted in
accordance with the laws of England (or the laws of Scotland where
you are domiciled there). Disputes arising in connection with these
terms shall be subject to the exclusive jurisdiction of the courts
of England and Wales unless you choose the jurisdiction of your
domicile in Scotland or Northern Ireland.
6.4 For a list of the Viatel Group Companies' VAT numbers,
registered office and company number where relevant, see Section C
below.
6.5 Viatel is regulated by OFCOM. For more details in relation
to OFCOM, please refer to the Viatel Code of Practice.
7. Contact Details
If you have any questions or complaints regarding this Legal
Notice, the Websites or any Viatel Group company, then you can
contact us as follows:
Customer Services
VTLWaveNet
Inbucon House
Wick Road
Englefield Green
Egham TW20 0HR
Tel No: 01784 494 100
Email: support@vtlwavenet.com
VTLWaveNet Limited
Company No. 05836930
Registered Address: Inbucon House, Wick Road, Egham, Surrey TW20
0HR, United Kingdom
B. Viatel Privacy
Statement
The Viatel group of companies listed in Section C below
("Viatel") takes the privacy of its customers and visitors to its
websites www.vtlwavenet.com, http://www.viatel.com/ and
other websites owned or operated by Viatel from time to time
("Websites") very seriously and seeks to ensure the highest
standards of compliance with all relevant Data Protection Laws and
Regulations. We have an up-to-date entry under the Data Protection
Register in the UK. This can be seen at: http://www.dpr.gov.uk/.
This Privacy Statement is incorporated in your contract with
Viatel if you purchase Viatel goods or services and in the Legal
Notice set out in Part A of this Privacy and Legal Notice where you
are just using or visiting the Websites. This Privacy Statement
explains to you how Viatel may use Your Data (as defined in 1.1
below).
By purchasing Viatel goods or services or otherwise using the
Websites, you consent to the use of Your Data in accordance with
this Privacy Statement.
1. Your Data
1.1 "Your Data" means any information about you which is
personally identifiable, including, without limitation, your name,
address, telephone number, email address, financial details
(including card and bank details), user names and passwords issued
to you, comments, personal descriptions, photos and other
information from which you can be identified and which you may
disclose to Viatel or otherwise via the Websites at any time.
2. When does Viatel collect Your Data?
2.1 Viatel collects Your Data from you when you:
2.1.1 fill in an order form to purchase goods and services from
Viatel;
2.1.2 enter a competition or other promotion;
2.1.3 make a complaint or enquiry or provide other feedback
through the Website or otherwise to Viatel (see our contact details
below for details); or
2.1.4 disclose Your Data to Viatel or otherwise through the
Websites, to our call centres or otherwise directly to Viatel
employees and agents at any other point.
2.2 In certain circumstances, Viatel may collect Your Data from
third parties who have provided it to us. Viatel always requires
that such third parties comply with relevant data protection
legislation in making such disclosure to Viatel.
2.3 Please also note that calls to or from our call centres (see
below for contact details) may be monitored for quality control and
training purposes.
3. How does Viatel use Your Data?
3.1 Viatel uses Your Data to:
3.1.1 fulfil any contract that Viatel has with you for the
provision of goods and services including, without limitation,
administering Your Account with Viatel, processing your order and
payments and in communicating with you regarding your contract and
Viatel services;
3.1.2 make suggestions as to the areas in the Websites that may
be of most interest to you on the basis of Your Data that you have
provided;
3.1.3 to carry out checks on your telephone line to ensure that
we are able to offer you the services that you have ordered;
3.1.4 monitor, develop and improve the Websites, and Viatel's
other services;
3.1.5 process any competition entry or submission made by
you;
3.1.6 process and deal with any complaints or enquiries made by
or about you;
3.1.7 monitor and investigate any suspected breach of the
Privacy and Legal Notice or contract that you have with Viatel,
made by or otherwise relating to you; and
3.1.8 where you have consented to Viatel doing so, send you
details by email, telephone, SMS or post about other Viatel goods
and services or selected third party goods and services that may be
of interest to you.
To opt-out of receiving any information pursuant to paragraph
3.1.8, you can amend your preferences: (i) by sending an email
stating that you no longer wish to receive such communications from
Viatel (see our contact details below); or (ii) by using the
opt-out mechanism in the communication itself.
4. Will Viatel pass on Your Data to third
parties?
4.1 We may pass Your Data (or you may disclose Your Data
directly to other parties when using the Websites and Viatel
services) as follows:
4.1.1 your username and password allocated to you as a part of
Viatel services that you may purchase from us for accessing any
third party content will be provided to such third party
automatically when you access their content and websites or by
Viatel to enable such access to be provided and when dealing with
any queries in connection with your access and use of their content
and Viatel services;
4.1.2 where you choose yourself to post Your Data on the
Websites, Your Data may automatically be available for others to
see (you should therefore always exercise extreme caution before
posting any information that you do not want others to see);
4.1.3 to Viatel employees and agents to administer Your Account
and to provide Viatel goods and services to you or to deal with any
correspondence entered into between you and Viatel;
4.1.4 to third party content providers who Viatel notifies you
are working with Viatel in relation to any services that you may
contract with Viatel for, in which case Your Data will be passed to
them only to the extent that this is necessary for the delivery of
such services and content to you (if you have any questions
regarding such third party's own data processing policies, then you
should contact them directly);
4.1.5 in some cases Viatel may use a technical partner to
conduct some processing of Your Data on Viatel's behalf but this is
always subject to strict contractual control and is in compliance
with relevant Data Protection Legislation;
4.1.6 some general statistical information about visitors and
users of the Websites, sales patterns, traffic volumes and related
matters may be passed on to reputable third parties but these
details will not include information personally identifying
you;
4.1.7 Viatel may disclose Your Data to the police, regulatory
bodies or their or our legal advisers in connection with any
alleged criminal offence or suspected breach of the Privacy and
Legal Notice, your contract with Viatel, other contractual terms or
law by you (whether upon request or order of such police,
regulatory body or adviser, or at our own discretion);
4.1.8 to third parties where you have consented to such use (for
example, where you consent to Viatel passing Your Data to third
parties so that they may send you marketing communications; and
4.1.9 in the event that Viatel (or any part thereof) is acquired
by another company, Your Data may be transferred to such new
company, but you will always be informed about such a change should
it occur.
4.2 If you change your mind and decide that you no longer wish
Viatel to pass your data to third parties for marketing purposes,
then you can let us know at any time via the contact details set
out below. Please note however, that any third parties who were
passed Your Data before such notice may still continue to send
communications to you, and you should contact them directly if you
do not wish to continue receiving such material.
4.3 Other than in the circumstances outlined in paragraph 4.1
above, Viatel will not provide Your Data to any third party without
your consent or unless Viatel is required to do so by law or
competent authority.
5. Data Security and Transfers
5.1 Viatel endeavours to take all reasonable steps to protect
Your Data. All the Data collected by Viatel is stored on a secure
server. The secure server software encrypts all information you
input before it is sent to Viatel.
5.2 Viatel may transfer Your Data outside of the European
Economic Area for any of the purposes set out in paragraphs 3 or 4
above. Please also note that the Websites may potentially be
accessed from anywhere in the world and therefore Your Data may
otherwise be transferred globally where you choose to post content
containing Your Data on the Websites.
6. Cookies
6.1 Cookies are small pieces of information stored by your
browser on your computer's hard drive. Viatel uses cookies to allow
Viatel to understand who has seen which pages and advertisements,
to determine how frequently particular pages are visited and to
determine the most popular areas of the Websites and services. Most
web browsers automatically accept cookies, though you do not have
to. Viatel does not control the use of cookies by third parties. If
you wish to disable cookies then you can do so by readjusting your
browser settings although please note that by disabling cookies you
may not be able to register with or use all features of the
Websites.
6.2 For more information on cookies and how to disable them, you
can consult the information provided by the Interactive Advertising
Bureau at http://www.allaboutcookies.org.
7. Access to and Updating Your Data
Where you have entered into a contract with Viatel and been
issued a username and password, you may access and update Your Data
contained in Your Account accessed by the "My Account" link or
otherwise as may be set out in your contract with Viatel. You must
make sure that you update Your Data as soon as possible with any
and all relevant changes.
8. Other links
Please be aware that the Websites may link to other web sites
that may be accessed by you through the Websites. Viatel is not
responsible for the data policies, content or security of these
linked web sites.
9. Contacting Viatel
If you have any comments or queries in connection with Viatel's
Privacy Statement and/or in relation to any Viatel Group company,
please contact Viatel by email at customerservices@viatel.com,
or write to Viatel at
Customer Services
VTLWaveNet
Inbucon House
Wick Road
Englefield Green
Egham TW20 0HR
United Kingdom
C. Viatel Group
Companies
|
Company Name
|
Company Number |
VAT Number |
| VTL WaveNet Limited |
05836930 |
781 4991 88 |
| Viatel Circe Assets Limited |
03825924 |
781 4991 88 |
| Viatel Holding (Europe) Limited |
04454035 |
781 4991 88 |
| Viatel Belgium Limited |
03556686 |
N/A |
| Viatel Equipment Limited |
04567385 |
781 4991 88 |
| Viatel Broadband Limited |
05436868 |
781 4991 88 |
| All of the above registered in England and Wales
with Registered office: Inbucon House, Wick Road, Egham, Surrey
TW20 0HR |
| Viatel Operations SA |
Paris B413 567132 |
FR.16.413.567.132 |
| Registered in France with Registered office: 35 Rue
des Jeuneurs, 75002 Paris, France |
| Viatel Belgium NV |
587319 |
BE 0454.115.002 |
| Registered in Belgium with Registered office:
Tollaan 99, 1932 Zaventem, Belgium |
| VTL Telecom GmbH |
HRB 53889 |
DE 223036652 |
| Registered in Germany with Registered office:
Kleyerstrasse 90, D-60326 Frankfurt am Main, Germany |
| Viaphone AG |
CH-020.3020.608-6 |
508123 |
| Registered in Switzerland with Registered office:
Badenerstrasse 569, 8048 Zurich, Switzerland |
| Viatel Global Communications BV |
34098675 |
NL 8078 64341 B01 |
| Registered in Netherlands with Registered office:
Hoornseweg 8 1687 ND, Wognum, The Netherlands |
| VTL, Inc |
3433246 8300 |
N/A |
| Registered in Delaware, United States with
Registered office: 350 Bedford St, Suite 406-A, 06901 Stamford,
Connecticut, USA |
| VTL-TP (Bermuda) Limited |
31334 |
804 930931 |
| Registered in Bermuda with Registered office:
Canon's Court, 22 Victoria Street, Hamilton, HM12, Bermuda |
| Viatel Holding (Bermuda) Limited |
31325 |
781 4991 88 |
| Registered in Bermuda with Registered office:
Canon's Court, 22 Victoria Street, Hamilton, HM12, Bermuda |