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Nozomi Networks Privacy Policy and Legal Notices

Nozomi Networks Privacy Policy and Legal Notice

Privacy Policy

Effective as of March 1st, 2019

1. Purpose

The Nozomi Networks Privacy Policy (“Privacy Policy”) describes our privacy practices for the activities set out below. Please read this Privacy Policy carefully to learn how we collect, use, share and otherwise process information relating to you (your “Personal Data”). The Privacy Policy also explains your rights and choices regarding our processing of your Personal Data.

A reference to “Nozomi Networks”, “Nozomi”, “we”, “us” or the “Company” is a reference to Nozomi Networks Inc. and the relevant affiliate involved in the processing activity. The office locations of Nozomi Networks Inc. and its affiliates can be found here.

2. Policy

2.1 Responsible Nozomi Networks Entity

Nozomi Networks is the controller of your Personal Data as described in this Privacy Policy, unless expressly specified otherwise.

Data controllers are defined as the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are specific criteria for its nomination may be provided for by Union or Member State law.

2.2 Consent

By using this website, or by providing personally identifiable information to Nozomi Networks, you consent to the collection and use of the information as described in this Privacy Policy. The purpose of this Privacy Policy is to provide you with clear and understandable information about Nozomi Networks’ privacy practices.

If you attended an event or webinar organized by us, or downloaded or accessed an asset on our website, you have consented to this Privacy Policy.

For third party events, if required by applicable law, you may consent to sharing your information via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your information will be subject to the sponsors’ privacy statements. If you do not wish ­­your information to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned, or you can opt-out in accordance with the section related to “Managing Your Information”.

2.3 Information We Collect

Nozomi Networks gathers information from you to help us manage our relationship with you. The information we gather may include:

  1. Contact details, such as your user name, email address, telephone number, your company, your title, and where applicable, for recruitment purposes, education details, employment history, emergency contacts, immigration status, financial information (where we need to carry out financial background checks), and social security number (further, you may choose to share other relevant information with us),
  2. If you contact us by email we may keep a record of your contact information and correspondence, including any information that you provide to us in your message
  3. Information you provide to us to receive technical assistance or during customer service interactions
  4. Shipping, billing, and payment information
  5. Your transaction history
  6. Information about other people that you may provide to us with any program or services
  7. Information about your computer or device, including browser type and settings, IP address, and traffic data relating to your Internet connection
  8. Product performance data and information about how you use our products and services
  9. Aggregated data or other information that does not specifically identify you, such as actions taken on our websites
2.4 Browser Information

Our servers automatically record log data that your browser sends when you visit our website. Log data may include information such as your IP address, browser type or the domain from which you are visiting, the web pages you visit, and the search terms you use. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. Except as described in this Privacy Policy, we do not use this information to identify you personally. We use it to monitor use of our websites and of our service, and for the technical administration of the websites.

2.5 How We Use Your Information

We may use your information to:

  1. Allow you to view information on the website
  2. Provide you with a customized experience when you visit our websites
  3. Communicate with you, including responding to you if you contact us
  4. Manage event registrations and attendance, and to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you
  5. Send marketing communications. We may process your Personal Data to send you marketing information and other non-transactional communications (e.g., marketing newsletters) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent (please see the “Managing Your Information” section below, to learn how you can opt-out)
  6. Provide, register and support our products and services
  7. Verify your identity and entitlement to products and services
  8. Where applicable, conduct due diligence or security screening for employment consideration, background checks and employment eligibility,
  9. Facilitate the provisioning of services
  10. Manage your registered user account through which you can take advantage of the services made available by Nozomi Networks, including access to the support or product download websites
  11. Deliver newsletters, product updates or technical alerts
  12. Allow you to download our “white papers”, participate in webinars or request a space in one of our training classes
  13. Market specific products and services
  14. Provide quotes, process orders and subscriptions, update order status, ship products, and collect payment information and payment
  15. Evaluate, analyze and improve Nozomi Networks’ products and services through surveys, questionnaires, and other methods of gathering information
  16. Collect feedback, conduct chat sessions and improve our chat sessions by reviewing them with our customer service representatives
  17. Communicate with you about and manage your participation in contests, offers or promotions
  18. Secure our systems and applications
  19. Enforce our legal rights or comply with legal requirements
  20. Meet contractual obligations
2.6 Information from Third Parties

We may combine information about you that we receive from third parties with the information we have gathered to improve the quality of our product and service offerings and to tailor our communications with you.

If, at any time, you do not want to be contacted in this manner you may unsubscribe as indicated in this Privacy Policy or in the communications themselves.

2.7 How We Share Your Information

2.7.1 General

Nozomi Networks will not share your personally identifiable information with third parties, except as provided in this Privacy Policy. Some jurisdictions provide individuals (e.g., California residents) with the right to request certain information regarding our disclosure of your information to third parties for such third party’s direct marketing purposes.

2.7.2 Affiliates

Nozomi Networks may share personally identifiable information submitted or collected among its own affiliated entities for purposes of improving products or services, responding to inquiries or orders, for processing or storage, and for the purposes listed in the “How We Use Your Information” section of this Privacy Policy.

2.8 Legal Basis

Where required by law, we will ensure there is a legal basis for the processing of your information. In most cases our legal basis will depend on the information concerned and the specific context in which we collect it.

2.8.1 Contract: the processing is necessary for the performance of the services we provide to you, or to take steps (at your request) prior to, and anticipation of, performing, such services;

2.8.2 Legal Obligation: the processing is necessary to comply with our legal obligations, including compliance with applicable laws, regulations, governmental and quasi-governmental requests, court orders or subpoenas;

2.8.3 Consent: the processing is based on your consent to the processing of your personal information for one or more specified purposes (for example, marketing);

2.8.4 Legitimate Interests: the processing is necessary to meet our legitimate interests, for example to develop and improve our websites, products and/or services for the benefit of our customers; or

2.8.5 Vital Interests: the processing is necessary to protect your vital interests (for example, health and safety reasons if you attend a meeting at one of our locations).

2.9 Nozomi Networks Servers

Nozomi Networks maintains a number of websites globally. Information volunteered or collected on Nozomi Networks websites may be delivered or transferred electronically to our servers in another country. We protect your personally identifiable information by following the procedures outlined in the “How We Protect Your Information – Security” section of this Privacy Policy.

2.10 Resellers and Partners

We may also share personally identifiable information with business partners, authorized third-party agents, contractors, distributors and resellers for the purposes described in this Privacy Policy. Additionally, if you purchase a product through a partner, distributor, or reseller, that party may provide you with information about related products and services that may be of interest to you, in accordance with that partner, distributor, or reseller’s privacy notice.

2.11 Service Providers

We may engage business partners, service vendors, authorized third-party agents, or contractors who may utilize your personally identifiable information on our behalf for the purposes described in this Privacy Policy. We will share your personally identifiable information with these third parties, but only pursuant to binding contractual obligations requiring such third parties to maintain the confidentiality of your data. We maintain a Data Subprocessor List of the third party service providers whose infrastructure or services we use to deliver portions of Nozomi Networks services.

2.12 Interest-based Advertising

The information you provide to us about your interest in our products may be pseudonymized and shared with third parties, where allowable, to provide more relevant advertising of Nozomi Networks products and services. If you receive Nozomi Networks advertising on a third-party website and you click on our product or service advertising, we will know the domain you came from. We do not track your other activities on that website.

2.13 Compliance with Laws and Law Enforcement

Nozomi Networks cooperates with governments, regulators, and law enforcement officials to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including subpoenas and court orders); to protect the property and rights of Nozomi Networks or a third party; the safety of the public or any person; to prevent or stop any illegal, unethical or legally actionable activity; or to comply with the law.

2.14 Business Transfers

Nozomi Networks may decide to sell, merge or otherwise reorganize its businesses. Such transactions may involve, in accordance with applicable law, the disclosure of personal information to prospective or actual purchasers. In those cases, Nozomi Networks seeks and obtains appropriate protection for personal information.

2.15 Security

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

Additionally, all our employees have agreed to observe your privacy and confidentiality rights.

2.16 International Transfer of Personal Data

Your Personal Data may be collected, transferred to and stored by us in the United States and by our affiliates in other countries where we operate.

Therefore, your Personal Data may be processed outside the European Economic Area (EEA), and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection as the EEA. In this event, we will ensure that the recipient of your Personal Data offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.

Further, we recognize that the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield are no longer valid transfer mechanisms for personal information from the European Union and its Member States, the European Economic Area, or Switzerland. The U.S. Department of Commerce, which oversees compliance with Privacy Shield, has stated that it will nonetheless continue to administer the Privacy Shield program and that participants are not relieved of their obligations under Privacy Shield. Accordingly, we are committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland while continuing to comply with our commitments under the Privacy Shield and our data protection policies set out in this Privacy Policy.

2.17 Data Retention

Personal data will be maintained only as necessary to satisfy the reasons for which it was collected. We also retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

2.18 Cookies

Like many websites, we also use “cookies” and similar technology to, for example, collect additional website usage data and to improve our websites and service.

A cookie is a small data file that we transfer to your computer’s hard disk. Some cookies may collect personal data in order to perform their intended functions.

Nozomi Networks may use both session cookies and persistent cookies to better understand how you interact with our websites and our service, to monitor aggregate usage by our users and web traffic routing on our websites, and to improve our websites and services. Authorized third parties may also place their own cookies on our websites and may collect personal information. For more information about how we use cookies and the cookies you are consenting to use by visiting our website, review our Cookie Policy.

2.19 Our Policy Towards Children

Nozomi Networks’ business is not focused on, nor do we knowingly collect information from children under the age of 13. If a parent or guardian becomes aware that his or her child under 13 has provided us with personally identifiable information, he or she should contact us at privacy@nozominetworks.com. If we become aware that a child under 13 has provided us with personally identifiable information, we will remove that information.

2.20 Links to Other Websites

Our websites contain links to third party websites. The fact that we link to a third party website is not an endorsement, authorization, or representation of our affiliation with that third party. We do not exercise control over third party websites.

When you leave Nozomi Networks web properties, these other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. This Privacy Policy addresses the use and disclosure of personal information that we collect from you through Nozomi Networks web properties or that you otherwise provide to Nozomi Networks.

Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the third party websites you visit.

2.21 Managing Your Information

2.21.1 The Choice to Opt-out

We provide an opt-out choice for most types of communication, such as updates from us regarding new services and product releases. You may opt out from the use of your personal information for those non-required communications. Your opt-out choice may be exercised by clicking on the link provided in the emails you receive or by sending an unsubscribe request to privacy@nozominetworks.com.

Users cannot opt out of certain communications that are necessary for the service(s) provided to the user. For example, we may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our products and services, to provide those products or services, and to send notices and other disclosures as required by law. We may also communicate by phone to resolve customer complaints or investigate suspicious transactions.

If you are an employee of a Nozomi Networks customer, we recommend you contact your company’s system administrator for assistance in correcting or updating your information.

2.21.2 Your Rights Relating to Personal Data, Inquiries, Access and Updating Your Personal Data

You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EEA, these rights may include:

  • To access your Personal Data held by us (right to access)
  • To rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete (right to rectification)
  • To erase/delete your Personal Data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten)
  • To restrict our processing of your Personal Data, to the extent permitted by law (right to restriction of processing)
  • To transfer your Personal Data to another controller, to the extent possible (right to data portability)

Please help us keep the personal data you have shared accurate and up to date. For further information on how to do this and how to exercise data subject rights, please visit our Data Requests webpage.

In compliance with the Privacy Shield Framework, we commit to resolve complaints about our collection or use of your personal information. Individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at privacy@nozominetworks.com. We have a policy of responding to you within forty-five (45) days of an inquiry or complaint. If the dispute involved human resources personal information, or information collected in the context of an employment relationship, we will cooperate with the competent EU or Swiss data protection authorities and comply with the advice of such authorities.

You may have the option to select binding arbitration under the Privacy Shield Panel for the resolution of your complaint under certain circumstances. For further information, please see the Privacy Shield website. To learn more about the Privacy Shield, please visit https://www.privacyshield.gov.

2.22 Changes to this Privacy Policy

We reserve the right to revise or modify this Privacy Policy. If this happens, we will post the updated Privacy Policy with the effective date of the changes and obtain consent where necessary.

3. References

Cookie Policy

4. Annex A

Nozomi Networks Data Subprocessors List
Nozomi Networks uses the following third-party service providers as data subprocessors:

  • Salesforce
  • HubSpot
  • Amazon Web Service (AWS)
  • Microsoft
  • BambooHR
  • Calendly
  • Indeed
  • LinkedIn
  • Sterling
  • TruePlan
  • JazzHR