Tier1Net Privacy Policy

last updated June 2018

Tier1Net provides managed services for technology-dependent organizations. This privacy policy (this “Policy”) explains how we handle all information that is entrusted to us. Specifically, it applies (i) to all information that is provided us, or which is accessible to us, when you use Tier1Net’s managed information technology services (the “Services”), and (ii) any of your information that is viewed, accessed, or used by Tier1Net in its provision of the Services to you. In this Policy, the terms “we”, “us” or “our” means Tier1Net, Inc., a Massachusetts corporation. Any references to “you” or “your” means you, our customer.

What Type of Information Do We Collect?

Account Information. We collect general account and payment information, such as your name,
physical address, email address, telephone number, and credit card (or ACH, as applicable)
information which is necessary to administer and maintain your account with us (collectively,
“Account Information”). Account Information may also include logs of transactions involving your
account, location data (indicating the location of logins to your account), and similar accountrelated
data that we may use in our provision of the Services, and/or in our maintenance of your
account with us.

Your Data. As a managed service provider, we generally do not “collect” any data other than
Account Information and, if applicable, Inquiry Information (discussed below). Tier1Net does not
restrict, edit, or determine the type of information or data that you acquire, maintain, process,
store, retrieve, or otherwise utilize in your day-to-day business operations (“Your Data”). As such,
under the normal course of operations, we have no way of knowing the composition or subject
matter of Your Data.

Inquiry Information. Other than Account Information, we do not collect any other information about
you or your clients unless you send us a communication, such as an email, inquiring about our
Services. Under those circumstances, any information that you provide to us (“Inquiry
Information”) will be handled in accordance with this Policy.

What Do We Do With Information?

Account Information. Account Information is stored in our system for the purpose of administering and maintaining your account, and to provide you with the Services. We may share a portion of your Account Information with third parties as necessary for payment processing purposes. We do not use Account Information for any other purpose unless you expressly permit us to do so in writing.

Your Data. We provide Services to help you run your business. However, you alone determine the type, scope, and frequency of Your Data, and you alone determine the purpose for which (i) you obtained or collected Your Data, and, (ii) how you will utilize the Services in conjunction with your Data and your ongoing business operations.

Depending on the Service being provided, Your Data may be stored and accessible to us on cloud-based servers, or it may be stored and accessible to us on servers or other backup appliances located at your designated premises. Regardless of where the data is located, however, we do not view, access, retrieve or otherwise use any of Your Data unless such use is explicitly and specifically required as part of the Services. For example:

  • If Your Data is on your screen at the time that we log in to your local workstation to troubleshoot a problem, then Your Data would be viewable to our technicians; however, Your Data would not be used or disseminated by us for any purpose.
  • If you specifically request that we view or analyze Your Data, then we would do so (if such activity is provided under the Services), but only to the extent necessary to fulfill our contractual obligations to you.
  • On very rare occasions, a portion of Your Data may be accessible to us or incidentally viewed by us as part of our general maintenance of our systems; however, even under those circumstances, our technicians do not intentionally view Your Data and do not use Your Data for any purposes other than as necessary to fulfill our contractual obligations to you.

Inquiry Information. We store Inquiry Information temporarily for the purpose of responding to inquiries and conducting follow-up communications, as applicable. If you subsequently become a client of Tier1Net, then we may transfer your Inquiry Information to, or cross-reference such information with, Your Account Information; thereafter, the Inquiry Information will be treated as Account Information. If you do not become a client of Tier1Net, then we will subsequently dispose of the Inquiry Information in accordance with the time parameters in our then-current information retention policies.

Deletion of Information

Account Information. Upon the termination of your business relationship with us, we may store your Account Information for a short period (usually 1 year or less), and then permanently dispose of your Account Information in accordance with our then-current information retention policy. Notwithstanding the foregoing, we may keep your name and contact information for a longer period of time for archival purposes only.

Your Data. Upon the termination of our business relationship with you, Your Data will be permanently and irretrievably eliminated from our servers. Although the precise timing of such activity will be handled in accordance with our then-current information retention policy, under no circumstances will we have any obligation to maintain Your Data for more than fifteen (15) days following the date on which the Services are terminated.

Inquiry Information. As stated above, if you do not become a client of Tier1Net, then we will subsequently dispose of the Inquiry Information in accordance with the time parameters in our then-current information retention policies.

Who Else May Receive Your Information?

We may disclose Account Information, Your Data, or Inquiry Information if required to do so by law, or if we believe, in good faith, that such action is necessary to:

  • comply with the law or with legal process;
  • protect and defend our rights or property;
  • protect against misuse or unauthorized use of the Services; or,
  • protect the personal safety or property of our other users or the public. Among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions.

Also, in the event that all or substantially all of our assets are acquired or transferred, Account Information, Your Data, or Inquiry Information may be one of the transferred assets.

Security

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of Your Information, we utilize physical, technical and administrative procedures to safeguard the information we collect. This includes the use of firewalls and restricted access methods, and we limit access to those persons that have a specific business purpose for accessing the information described in this Policy. Our employees are made aware of their responsibilities to protect the security and integrity of all information in our custody, and to access such information only on a need-to-know basis.

If we become aware of a data breach that results in unlawful or unauthorized access, loss, or disclosure of Account Information, Your Data, or Inquiry Information, we will notify you in accordance with applicable law.

Compliance

It is our intention to help our clients comply with all privacy rules and regulations with which they must comply.

Contact for Privacy Issues

If you have any questions about this Policy or how any information is used by us, please direct your questions to our designated contact for privacy-related issues by email at privacy@tier1net.com, with a copy to Bradley Gross, Esq., 2645 Executive Park Drive, Suite 119, Weston, Florida 33331, email: brad@bradleygross.com.