This California Consumer Privacy Notice (“Policy”) is adapted from NetBrain Technologies, Inc. (“NetBrain,” “Us,” “We” or “Our”) general Privacy Policy to comply with the California Consumer Privacy Act (“CCPA”). This Policy applies to all NetBrain Technologies, Inc. affiliates, listed below.
- NetBrain Canada Inc.
- NetBrain Technologies, Limited
- NetBrain Technologies GmbH
- Beijing NetBrain Technologies, Inc.
This Policy discloses what Personal Information (as defined by the CCPA) we collect from, or about, California Consumers (as defined by the CCPA, and referred to herein as “You” or “Your”) and describes your rights as a California Consumer and our obligations as a business and data processor under the CCPA.
I. How to Contact Us
If you have any questions or comments regarding this Policy, please contact as by using the contact details below or at the following email address: [email protected]
NetBrain Technologies, Inc.
Attn: Legal Department
15 Network Drive
Burlington, MA 01803
II. The Personal Information We Collect, Process, and Share
Under the CCPA, California Consumers are entitled to know what categories and types of Personal Information NetBrain collects, or may have collected in the last twelve (12) months, about California Consumers, as well as how and for what purpose(s) NetBrain collects the California Consumer’s Personal Information. NetBrain discloses the following:
- Section (II) (this section) discloses the categories and types of Personal Information NetBrain collects about California Consumers.
- Section (III) discloses how NetBrain collects Personal Information about California Consumers.
- Section (IV) discloses the purpose(s) for which NetBrain collects Personal Information about California Consumers.
- Section (V) discloses with whom NetBrain shares about California Consumers.
(a) Categories and Types of Personal Information NetBrain Collects and Processes as a Business
Category (1): Identifiers
Full real name, including first, last, and middle name; Postal address, including business and/or purchasing contact address, such as mailing street, suite/unit/building, or other address number, mailing city, mailing state or province, ZIP or postal code; Internet Protocol address(es); Email address(es) including personal and organization and/or business email address.
Category (2): Information that identifies, relates to, describes, or is capable of being associated with, a particular individual
Full real name, including first, last, and middle name; Signature; Address, including business and/or purchasing contact address, such as mailing street, suite, unit or address number, mailing city, mailing state or province, ZIP or postal code; Telephone or cellular phone number, including business/office number(s), telephone extension number(s), mobile phone number(s), and facsimile number(s); Employment information such as company/organization of employment, workplace role or title, department, job function, management role, management hierarchy, past or previous employment, role(s) or title(s); Bank account number(s), and/or credit card or debit card number(s).
Category (3): Characteristics of protected classifications under California or federal law
NetBrain does not collect types of Personal Information about characteristics of protected classifications under California or federal law.
Category (4): Commercial information
NetBrain services and software purchases, including service agreements, hardware purchases/leases, software licenses (perpetual and subscription), purchase orders, and other agreements pursuant to or related to the purchase or licensing of NetBrain products and services; Other purchasing or consuming histories and tendencies, such as visits to our website.
Category (5): Internet or other electronic network activity information
Your interactions, and history of interactions with the NetBrain website and NetBrain online advertisements; Interactions with NetBrain marketing materials and NetBrain product documentation via NetBrain support pages and NetBrain University; NetBrain customer interactions such as online chat and messaging functions.
Category (6): Geolocation data
NetBrain does not collect geolocation data.
Category (7): Audio, electronic, visual, thermal, olfactory, or similar information
Audio, such as phone calls, online meetings, webinars, webcasts; Visual information from web meetings, webinars, and webcasts.
Category (8): Professional or employment-related information
Company/organization of employment; Workplace role or title; Department within your organization; Job function; Management role; Management hierarchy; Past or previous employment role(s) or title(s).
Category (9): Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)
NetBrain does not collect education information that is not publicly available personally identifiable information as defined by FERPA.
Category (10): Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
NetBrain does not collect information based on inferences drawn from the personal information described above.
III. How We Collect Personal Information
We may collect your Personal Information when you share it with us voluntarily, as well as through passive or automated collection, and from third parties.
(a) Personal Information Collected Through Voluntary Disclosure
NetBrain may collect personal information by your voluntary disclosure directly from you or through a direct interaction with you, either in-person, by telephone, text message, online chat, or email, when you sign up for an account to use NetBrain services or products. We also collect information through passive or automated electronic collection methods and website cookies. We may also collect Personal Information from third parties, such as authorized resellers, from referrals, and from sales and marketing data research services.
Account creation and registration
When you create an account to use NetBrain products or services, we collect identifiers such as: your full real name, including your first, last, and middle name; your business/work email address; phone number; country; your company or organization; job title; and industry.
Sales contact, product demonstrations, and product information requests
When you fill out a webform on the NetBrain, or a third party’s, website to request a NetBrain product demonstration, marketing materials, product information, or contact from our sales team or marketing team, we require you to provide: your full name, including your first and last name; your business/work email address; phone number; country; your company or organization; job title; and industry.
In-person and online event registration
When you register for events, such as webinars, webcasts (pre-recorded or live), as well as industry tradeshow events and/or when you visit our tradeshow booth, we request unique identifiers such as: your full real name, including your first, last, and middle name; your business/work email address; phone number; country; your company or organization; job title; and industry.
Commercial and sales agreements and payment processing
When you or your business/organization purchases NetBrain products or services and accepts the terms, conditions, and obligations of NetBrain purchasing, services, and licensing agreements we require you to disclose: your full real name, including first, last, and middle name; your postal address, including business and/or purchasing contact address, mailing street, suite/unit/building, or other address number, mailing city, mailing state or province, ZIP or postal code; email address(es), including personal and organization and/or business email address (as applicable); signature; telephone or cellular phone number, including business/office number(s), telephone extension number(s), mobile phone number(s), and facsimile number(s). We also require employment information, such as company or organization of employment; workplace role, title and department. Finally, we require a bank account number or numbers; and/or credit card or debit card number(s).
Visiting NetBrain Offices
If you visit a NetBrain office, you may be asked to log personal information with a front desk receptionist or attendant through physical premises access and entry tracking or management systems, reception logs, and/or on-site visitor tracking and security systems. We may ask for: your full name, including first, middle, and last name; your company or organization of employment; workplace role, title, and department; telephone or cellular phone number, including business/office number(s), telephone extension number(s), mobile phone number(s); and your email address(es), including personal and organization and/or business email address (as applicable).
Technical support, troubleshooting, software deployment, installation, and other support and technical services
When receiving live technical support and troubleshooting, installation or deployment assistance from our technical support or customer success teams, over the phone and/or through remote access support, as well as through email or support ticketing systems, we may ask for your real name, including first, last, and middle name; email address(es), including personal and organization and/or business email address (as applicable); telephone or cellular phone number, including business/office number(s), telephone extension number(s), mobile phone number(s), and facsimile number(s). We may also ask for employment information, such as company or organization of employment; workplace role, title, and department. Finally, we may capture audio-visual information recordings during live support calls or remote access sessions; we will retain email records of support emails, and records of support tickets and online support chats. We may also collect IP address(es) and/or internet and other electronic network activity information, as needed to provide your requested support.
Sales demonstrations and qualification, negotiation, and renewal conversations
When you have in-person, telephone, or web-conference conversations with our sales team, marketing team, customer success team, and/or support team, our team members may ask you for your real name, including first, last, and middle name; email address(es) including personal and organization and/or business email address (as applicable); telephone or cellular phone number, including business/office number(s), telephone extension number(s), mobile phone number(s), and facsimile number(s). We may also ask for employment information, such as company or organization of employment, workplace role, title, and department. Our teams may also ask about your past products or services purchased, obtained, or considered. Finally, we may capture audio-visual information recordings during phone calls or web-conferences, and we will retain records of emails, online chats, and phone logs.
(b) Personal Information Collected from Automated and Passive Electronic Methods
Online Behavior Tracking and Advertising
When you visit the NetBrain website, or interact with our advertisements hosted on third-party websites, we may collect information about: your interactions and history of interactions with the NetBrain website and NetBrain from cookies on our website; and from online ad-tracking, fingerprinting, and behavioral tracking services; IP address(es) and device identity; interactions with NetBrain marketing materials and NetBrain product documentation via NetBrain support pages and NetBrain University. We may also collect, through automated means, a history of your interactions with our online chat and messaging functions, telephone, email, online chat logs, and other records.
(c) Personal Information Collected and Shared With Us From Third Parties:
Third-party resellers, marketing data research services, publicly accessible sources and referrals
We may collect personal information from: publicly accessible sources; sales and marketing data services; referrals; and third-party resellers of NetBrain products and services. We may collect information including your: real name, including first, last, and middle name; email address(es), including personal and organization and/or business email address (as applicable); telephone or cellular phone number, including business/office number(s), telephone extension number(s), mobile phone number(s), and facsimile number(s); employment information, such as company or organization of employment, workplace role, title, and department. Only our resellers will collect a bank account number or numbers, and/or credit card or debit card number(s).
IV. Why We Collect, Process, and Share Personal Information
NetBrain does not and will not sell Personal Information, however, NetBrain collects and processes your Personal Information, as well as shares your Personal Information for the following purposes:
- To communicate with you about: our privacy policy, our terms and conditions related to your purchase, licensing, and use of our software or services; product security; and legally required disclosures.
- To communicate with you about: the products or services you have purchased from us; to keep you posted on new products and services, upcoming events, offers, and promotions; and other information that we think will be of interest to you.
- To set up and maintain your account; and to do all other things required for providing our software and services; maintaining, servicing, and updating your account(s) associated with our software and services; providing customer service; processing or fulfilling orders and transactions, and processing payments; verifying customer information; and auditing interactions with our customers.
- Web advertising and marketing, including counting ad impressions to unique visitors; verifying positioning and quality of ad impressions; and auditing such efforts for compliance with the CCPA and other applicable legal obligations.
- Product debugging, troubleshooting, and other efforts to identify and repair errors in the NetBrain software; detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity.
- Undertaking internal research for technological development and demonstration; and activities to verify or maintain the quality and safety of NetBrain software and services, as well as to improve, upgrade, or enhance our software and services to ask you to participate in surveys, or to solicit feedback on our products and services.
V. Your Rights as a California Consumer
You have the right under the CCPA and certain other privacy and data protection laws, as applicable, to exercise, free of charge:
(a) Disclosure of Personal Information We Collect About You
You have the right to know:
- The categories of Personal Information we have collected about you;
- The categories of sources from which the Personal Information is collected;
- Our business or commercial purpose for collecting or selling Personal Information;
- The categories of third parties with whom we share Personal Information, if any; and
- The specific pieces of Personal Information we have collected about you.
Please note that we are not required to:
- Retain any Personal Information about you that was collected for a single, one-time, transaction if, in the ordinary course of business, that information about you is not retained;
- Re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or
- Provide the Personal Information to you more than twice in a twelve (12) month period.
(b) Disclosure of Personal Information Sold or Used for a Business Purpose
In connection with any Personal Information we may sell or disclose to a third party for a business purpose, you have the right to know:
- The categories of Personal Information about you that we sold and the categories of third parties to whom the Personal Information was sold; and
- The categories of Personal Information that we disclosed about you for a business purpose.
(c) Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your Personal Information from our records; and
- Direct any of our Service Providers to delete your Personal Information from their records.
Please note that we may not delete your Personal Information if it is necessary to:
- Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
(d) Protection Against Discrimination
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, during or after your exercise of such rights, among other things:
- Deny goods or services to you;
- Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Provide a different level or quality of goods or services to you; or
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate, or provide a different level or quality of our software or services to you, if that difference is reasonably related to the value provided to us by your Personal Information.
VI. How to Exercise Your Rights as a California Consumer
(a) How to Exercise Your Rights
If you would like to exercise any of your rights as described in this Privacy Policy, please:
- Complete a Personal Information disclosure or deletion request form here;
- Email us at [email protected]; or
- Write to us at:
NetBrain Technologies, Inc.
Attn: Legal Department
15 Network Drive
Burlington, MA 01803
Please note that you may only make a data access or data portability disclosure request twice within a twelve (12) month period.
(b) Verifying Your Identity
If you choose to contact us directly via one of your options set forth above, you will need to provide us with:
- Enough information to identify you (e.g., your full name; email address; country; state; and company or organization name, if applicable));
- Proof of your identity and address (e.g., a copy of your driving license or passport; and a recent utility or credit card bill, if applicable); and
- A description of what right under the CCPA you want to exercise, and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected the information, or is someone authorized to act on such person’s behalf.
Any Personal Information we collect from you to verify your identity in connection with your request will be used solely for the purposes of such verification.
Last Updated: January 20, 2020