For purposes of the European Union General Data Protection Regulation (GDPR), Datera is the data controller of information collected via the Sites.
What is Personal Information?
As used in this policy, “personal information” means any information that may be used, either alone or in combination with other information, to identify an individual. When we combine any non-personal information with personal information (e.g., technical information, such as the type of browser or operating system that you use), we treat the combined information as personal information.
Datera is committed to protecting your privacy and the personal information collected and processed about you.
Please click on the links below to directly navigate to various sections of this policy.
Collection of Personal Information
A. Information You Provide To Us
Datera may collect certain personal information when someone voluntarily sends a direct mail inquiry, an email, or online registration, registers to download documents from the Sites, participates in seminars or webinars, requests Company information at tradeshows, applies for a job via the Sites, requests information, or purchases products or services via the Sites. Examples of such personal information include, but are not limited to, individual names, telephone numbers, email addresses, company name, mailing address, account user name and password, job title, etc. If you apply for a job via the Sites, we may also collect personal information via your resume or any cover letter you choose to upload, or via any social media profile to which you elect to provide access.
Information Collected Through Cookies and Similar Technologies
Datera uses Google Analytics to help analyze the traffic on the Sites. For more information on Google Analytics’ processing of personal information, please see https://www.google.com/policies/privacy/partners/. You can opt out of Google Analytics by using the following Google provided browser plugin https://www.google.com/ads/preferences/plugin/.
Use of Personal Information
Datera uses your personal information for the following purposes:
- To perform the services requested by you. We use the information received to fulfil a specific service requested by you.
- To plan and host events. Information collected by corporate events, webinars, etc. where event attendees may participate and populated online profiles are used to fulfil the specific services requested by you.
- For marketing purposes. We may use your information to further discuss your interest in the products/services and to send you information about our partners. We will only send you marketing communications and updates about our products, services, and events only with your prior consent or if there is a legitimate interest.
- In order to keep you up-to-date/request feedback. When there is an existing business relationship between you and us, we may inform you, about our products or services which are similar or related to such products and services you have already purchased from us.
- For improving Datera’s Sites and customer experience. We may collect and analyze data on your use of our website and process it for the purpose of improving our online customer experience. This data allows us to understand our customers and their interaction with our website and improve our website to better serve our customers. We may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
- For security purposes. For example, we may use your data to protect Datera and its third parties against security breaches and to prevent fraud and violation of Datera’s applicable agreements.
- For customizing the services with location-based information, advertising, and features. We may use the information collected to provide location-based information or services.
- Protection of Datera and others. We may disclose your information to:
- Comply with legal obligations;
- Enforce any agreements that you entered into with us;
- Respond to claims that any content violates the rights of third parties;
- Respond to your requests for customer service; and/or
- The extent necessary for the purposes of the legitimate interests pursued by us or by the third party.
- We may also disclose information to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law. This is data processing for compliance with a legal obligation.
- Business transfers during mergers and acquisitions. We may disclose/transfer all of your information to a successor company in case of a merger, acquisition, or sale of our business.
Datera may use information collected through cookies, web beacons, pixels, web server logs, and other automated means. You can change your cookies settings in your browser; however, please note that without cookies you may not be able to use all of the features of the Sites. Please read the section on cookies below, to know the types/purposes of cookies used in our Sites.
The types of cookies used by Datera in our Sites are summarized below:
Third-party Cookies We use third parties to assist us in advertising, tracking site usage statistics, and providing content-sharing services to support our services. Session Cookie A session cookie is used to identify a particular visit to our site. These cookies expire after a short time or when you close your web browser after using our Sites. We use these cookies to identify you during a single browsing session. Persistent Cookies A persistent cookie will remain on your devices for a set period of time specified in the cookie. We use these cookies where we need to identify you over a longer period of time.
- Collect any personally identifiable information (without your express permission)
- Collect any sensitive information (without your express permission)
- Pass personally identifiable data to third parties
Your Cookie Privacy Options
You may receive tailored advertising on your computer or mobile device through a web browser. If you are interested in more information about tailored browser advertising and how you can generally control cookies, you may visit the Network Advertising Initiative’s Consumer Opt-Out Link, the Digital Advertising Alliance’s Consumer Opt-Out Link, or the European Interactive Digital Advertising Alliance “Your Online Choices” page to opt out of receiving customized advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that, to the extent advertising technology is integrated into the Sites, you may still receive advertisements even if you opt out of tailored advertising. In that case, the ads will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Sharing Your Information
Datera may share your personal information with its affiliates and subsidiaries, and/or with its business partners, in order to respond to customer needs or otherwise provide services to customers as requested. Datera may also, with your consent, engage in joint marketing activities with such third parties and/or disclose personal information to third parties for their own direct marketing purposes.
Datera may also share your information with its third-party agents who may be acting on its behalf and pursuant to its instructions to assist in our business activities, including, e.g., providing notice of an upcoming webinar or tradeshow or an event that may be of interest to the target audience, providing customer service, or providing storage services.
Datera may disclose your personal information if it is required to do so by law or court order, to enforce or apply its Terms, or if it believes in good faith that such release is necessary or appropriate to protect the rights, property, or safety of its company, customers, affiliates, or others.
Datera also may share or transfer information, including your personal information, in connection with the sale, transfer, acquisition, merger, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control by Datera or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, Datera will use reasonable efforts to notify users before their personal information is transferred or becomes subject to different privacy practices.
Datera sometimes partners with other companies in order to provide their services via a link on the Sites, for example job applications, social media links, and live chat. In those circumstances, the third-party partners will have access to the personal information you provide to them via their website, and we do not have any control over how they use that information. In order to fully understand how your personal information is used by our partners, please carefully review their applicable privacy policies. Except as described in this policy, Datera does not share your information with any other third parties.
Public Forums, Refer a Friend, and Customer Testimonials
We may provide bulletin boards, blogs, or chat rooms through the Sites. Any information you submit in such a forum may be read, collected, or used by others who visit these forums. We are not responsible for the information you choose to submit in these forums.
Datera may post customer testimonials on Datera’s Sites that contain information such as the names and titles. Datera obtains the consent of the individuals concerned prior to posting such information or testimonials.
Data Security and Retention
Datera uses reasonable methods to secure all personal and sensitive information by a variety of methods, including restricting access to such information only to those people who have a legitimate need to know to discharge their job responsibilities on behalf of Datera, securing access to the facility where the information is stored, and the use of technology and physical controls to secure the information. Datera is required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have questions about the security of your personal information, please contact us as described below.
Security of Personal Information by Third Parties:
Datera will require that all third parties acting on behalf of Datera, and to which personal information is provided, give Datera adequate contractual assurances that they will safeguard all such information in a manner consistent with this policy. Our Sites may contain links to third-party websites, but we are not responsible for the privacy practices or the content of those third-party websites. Any information you provide via those services is subject to the applicable third-party privacy policies and is not covered by this policy.
Cross Border Data Transfer (CBDT)
Personal information collected by Datera may be stored and processed in your geographic region, in the United States, or in other countries in which Datera, or its service providers/partners, maintain facilities or operations. If you are in the European Economic Area (EEA), it may be necessary for your personal information to be transferred to, and processed in, other countries including the United States. If we transfer your personal information outside of the EEA, we use a variety of legal mechanisms, which may include contractual terms, to protect your rights with respect to your personal information.
The personal information about you that we collect is sent to and stored on secure servers located at our data centers or on the systems of the third parties that we use, where applicable. Such storage is necessary in order to process the information.
Our own data center is located in Santa Clara, California – US.
Some personal information may be transferred by us to the third parties mentioned in the circumstances described above (also see Sharing your information), which may be situated outside the EEA and may be processed by our staff operating outside the EEA.
Standard/Model Contractual Clauses:
We will take all steps reasonably necessary to ensure that it is subject to appropriate safeguards – such as relying on a recognized legal adequacy mechanism, which may include entering into EC approved standard contractual clauses relevant to transfers of personal information (see here) – and that it is treated securely and in accordance with this Policy.
Upon an individual’s request, Datera will provide reasonable access to any personal information it has about that person. Datera will also take reasonable steps to allow such individuals to correct, change, modify, or delete any such information that is shown to be incorrect, inaccurate, or incomplete. You may ask us to delete the personal information we hold about you, or cease processing such personal information, in certain circumstances. It may not be possible for us to delete or cease processing all of the information we hold about you where we have an ongoing relationship with you or where we have a legal basis to retain such personal information.
You may access, correct, or request deletion of your personal information by logging into your account or by contacting us at firstname.lastname@example.org. We will respond to your request within a reasonable timeframe.
When we process personal information on the basis that you have consented to such processing, you have the right to withdraw your consent or ask us to stop or restrict processing the personal information we have about you, at any time, by contacting us using the contact information below.
You may also ask us to transfer your personal information to a third party in certain circumstances. If you would like any further information about your rights or how to exercise them, please contact us using the contact information below.
If you are in the European Union, you have the right to make a complaint at any time to the relevant data protection authority in your country; however, we encourage you to first reach out to us at email@example.com.
California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information (as defined by California law) by Datera to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write to us using the contact details below. Please note that Datera does not respond to “do not track (DNT)” signals or other similar mechanisms intended to allow California residents to opt-out of Internet tracking under the California Online Privacy Protection Action.
The Sites are not intended for children under the age of 16. Accordingly, we do not intend to collect personal information from anyone we know to be under 16 years of age.
Tracking Technologies and Targeted Advertising and Newsletters
We will use your personal information to send you email or newsletters, if you have signed-up to receive them. If you would like to discontinue receiving this information, you may update your email preferences by using the “unsubscribe” link found in emails we send to you, or at your member profile on our website, or by contacting us as described below. You may not opt-out of service-related communications, which are not promotional in nature. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative, maintenance, and operational emails (for example, a password reset request).
We do not track users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser “do not track” (DNT) signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual consumer’s online activities over time and across third-party web sites or online services.
Changes to This Policy
Datera may amend or modify this policy from time to time. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by posting the amended or modified version on our website at https://datera.io/privacy/. This policy may also be changed, or limited, to comply with legal or regulatory requirements, or as otherwise allowed or required by law.
Questions or comments about this policy, or concerns or complaints about possible violations, should be sent to email@example.com or to:
Attn: Privacy Office
2811 Mission College Blvd.
Santa Clara, CA 95054
United States of America
Our European representatives, as required by the European Union General Data Protection Regulation (GDPR), can be contacted at firstname.lastname@example.org.
Dated: March 9 2019