1. Controller, EU Representative and Data Protection Officer
NetBrain’s EU Representative (according to Art. 27 GDPR) is NetBrain Technologies GmbH, Karlstraße 68, 80335 Munich, Germany.
2. The Personal Data We Collect and Process
The information we collect, or may have collected about customers, prospects, website users, and through the use of the NetBrain products and services, generally falls into the following categories:
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.
2.2 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, and role(s) or title(s).
2.3 Commercial Information
NetBrain products and services 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.
2.4 Internet or Other Electronic Network Activity Information
Your interactions, and history of interactions with our 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. Additional data we collect when you visit our website may include the URL of the website that you came from before visiting our website, which pages you visit on our website, which URL you go to next, which browser you used to come to our website, your IP address, and any search terms entered on our website.
2.5 Personal Data Collected Through 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 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.
For further information in the usage of cookies and other tracking technologies please refer to Section 3 below.
2.6 Personal Data Collected and Shared With Us From Third Parties
Third parties include, but are not limited to third party resellers, marketing data research services, publicly accessible sources, and referrals.
We may collect Personal Data from publicly accessible sources, sales and marketing data services, referrals, and third-party resellers of NetBrain products and services.
The information collected may include your name, email address(es), telephone or cellular phone number, company or organization phone number with extension(s), facsimile number(s); employment information, such as company or organization of employment, workplace role, title, and department.
2.7 Account information
Access to certain parts of our website and to the NetBrain products and services may require a username and password. A username and password permit us to track certain information, such as software license operations. You are responsible for any action connected with the use of your password, and you should not share your password with anyone. To request a new password, please contact NetBrain Technical Support at [email protected]
NetBrain customers with a current maintenance and support agreement may request customer support via our website. For customer support, a customer will generally be required to submit his/her name, organization ID, and contact information, such as phone number, email address and/or facsimile number.
2.8 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.
2.9 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).
3. Cookies and Other Tracking Technologies
Cookies are pieces of information that are transmitted from our web server or third-party web servers to your browser where they are stored for later retrieval. Cookies can be small files or other types of information storage. Cookies are used to store information that arises in connection with the specific end device used. Cookies contain a characteristic string of characters that enables the browser to be uniquely identified when the website is opened again. A cookie also contains information about its origin and the storage period. This does not mean that we will immediately become aware of your identity.
We use the following cookies:
• Strictly necessary cookies
Strictly necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. These cookies are required to enable you to navigate through the web pages and use key functions. They support basic functions, such as order processing in the online shop and access to secured areas of the web page. They also serve the purpose of performing an anonymous analysis of user patterns, which we use to continuously develop and improve our web pages for you. We automatically store strictly necessary cookies on your device if they are strictly necessary for the operation of this website.
• Functionality cookies
Functionality cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.
• Performance cookies:
Performance cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.
• Targeting/advertising vookies:
Targeting/advertising cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers.
The legal basis for all cookies that are not strictly necessary for the operation of this website is our legitimate interest in optimizing our marketing measures and improving our service quality and the user experience on our website
Without a common industry or legal standard for interpreting Do Not Track (“DNT”) signals, NetBrain does not respond to browser DNT signals.
4. NetBrain Products and Services
4.1 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’s 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 your employment information, such as company or organization of employment, workplace role, title, and department.
4.2 Setting up a Customer Account
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.
Your Personal Data will be processed as long as you use your account. If you close/delete your account or if your account is deleted the Personal Data processed via your account is deleted (subject to data retention obligations, for details please refer to Section 13 below).
4.3 Usage Analytics
To better understand how you use the NetBrain products and services and our users’ needs, to optimise your user experience, and to continuously improve the NetBrain products and services, we may use analytic tools, for example heat mapping, allowing us to monitor the usage and behavior of the users of our products and services. Such data is used to generate aggregated, anonymized usage reports (no individual user information is contained in these reports). We will not use this information to identify individual users or to match it with further data on an individual user. These usage statistics can be disabled upon your formal request to us.
4.4 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 your 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.
NetBrain also maintains a support distribution system called Knowledge Cloud, which is a tool that allows for fast reporting of user issues and optimized update procedures for software patches, updates, and releases. Knowledge Cloud can be disabled upon your formal request to us.
4.5 Partner Portal
NetBrain offers its customers and partners our Partner Portal. The Partner Portal may contain various kinds of commercial information related to your customer or partner account, such as contracts, invoices and contact information. Registration with email address and password is required to use the Partner Portal. In the context of your usage of the Partner Portal, we may process your 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. Such data is processed in order to provide access to the Partner Portal and to identify authorized users of the Partner Portal. As a partner, you may be able to register opportunities via the Partner Portal. In the context of opportunity registration, specific opportunity information is submitted. Such information is processed by NetBrain to identify and assess the respective opportunity.
5. Sales Contact, Product Demonstrations, Negotiations
When you fill out a webform on the NetBrain website, 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.
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 your 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, subject to your prior consent, if legally required, capture audio-visual information recordings during phone calls or web-conferences, and we will retain records of emails, online chats, and phone logs.
6. Email Newsletter
On our website, you can subscribe to receive our email newsletter. In the context of the subscription process, we collect the Personal Data from the subscription form, the IP address of your device and the date and time of subscription. We obtain your consent to send you our email newsletter.
Subscription to the email newsletter can be terminated at any time by using the unsubscribe link contained in each newsletter or by contacting us at the contact details provided above.
If you register as a user of our products and services and enter your email address, we may subsequently use your email address to send you an email newsletter, provided that you have not objected to such use. In such a case, only direct advertising for our own similar goods or services will be sent via the email newsletter. You can object to the use of your email address at any time without incurring any costs other than the transmission costs according to the basic rates by using the unsubscribe link contained in each newsletter or by contacting us at the contact details provided above.
With our newsletters, a statistical evaluation of usage data can be carried out. For this purpose, we may record both the openings of the email and the internal clicks. This information serves the purpose of measuring and optimizing the success of our newsletter campaigns by making the contents of the newsletter more relevant to our target group.
7. Social Media
We maintain a publicly accessible profiles on several social media networks like Facebook, Twitter, YouTube, Instagram, and LinkedIn (“Social Media Pages”).
If you visit one of our Social Media Pages and are logged in to the respective social media network, the provider of the social media network can analyze your usage behavior and assign the information collected to your account at the social media network and enrich it there. Even if you are not logged in or if you do not have an account at the respective social media network, Personal Data may be collected by the provider of the respective social media network, for example your IP address or data collected via a cookie.
The operators of the social media networks can use this data to create user profiles. Your user profile can then be used to display interest-based ads both on social media network websites and on other websites.
If you visit one of our social media pages, we are jointly responsible with the social media network provider for the collection and processing of your Personal Data there. With regard to information about the collection and processing of your Personal Data that takes place there, we refer you to the data protection information of the respective social media network. We do not have any further information in this respect.
You can assert your rights of data subjects in accordance with Chapter III of GDPR (right to information, correction, deletion, restriction of processing, data transferability, etc.) both against us and against the provider of the respective social media network. In this context, we would like to point out that we can only influence the processing of Personal Data and the implementation of the rights affected within the framework of our social media pages within the scope of the possibilities made available to us by the respective provider.
8. Job Applications
We collect and process Personal Data of applicants for the purpose of processing the application process. If an applicant submits his or her application documents to us electronically, they are processed electronically.
If we conclude an employment contract with an applicant, the data transmitted will be processed in order to carry out the employment relationship in compliance with the statutory provisions. If no employment contract is concluded with the applicant, the application documents will be deleted immediately after completion of the application procedure, unless a retention is of legitimate interest, such as the defense of claims or a preservation of evidence under applicable anti-discrimination laws.
8.1 Personal Data Provided by You
NetBrain processes the Personal Data you provide in connection with your application in order to check your suitability for the position (or any other open positions in one of the NetBrain entities) and to carry out the application procedure.
The Personal Data collected by NetBrain includes:
• Name, address, telephone number, email address, and other contact information;
• Username and password;
• Work authorization status;
• CV, cover letter, previous work experience and education information;
• Knowledge, skills, and abilities;
• Professional and other work-related licenses, permits and certifications held;
• Information relating to employment references;
• Any other information you elect to provide to NetBrain (e.g., employment preferences, willingness to relocate, current salary, desired salary, awards, professional memberships, hobbies, social preferences etc.)
8.2 Information Collected from Other Sources
Where relevant for your application and to the extent permitted by the applicable laws and/or with your prior explicit consent, NetBrain may, for the purpose of pre-employment screenings and background checks in connection with your application, obtain information about you from other sources. These other sources may include your references, prior employers, educational institutions you attended, credit checks and social media profiles (e.g. LinkedIn).
8.3 Sensitive Personal Data
Where relevant for your application and to the extent permitted by the applicable laws and/or with your prior explicit consent, NetBrain may also ask you to provide criminal records.
8.4 Reference Data
Should you provide NetBrain with Personal Data of a reference or any other individual as part of your application, you are responsible to obtain the individual’s consent prior to providing such Personal Data to NetBrain.
8.5 Purposes of Data Processing
NetBrain will process your Personal Data for recruitment, management, and planning purposes, in particual for the following purposes:
• processing of your application;
• assessment of your capabilities and qualifications;
• conduct of reference checks, where relevant and to the extent compliant with applicable laws;
• communication with you about your application;
• compliance with any applicable laws or regulations (e.g. diversity requirements);
• protection of NetBrain’s rights; and
• general administration and HR management (in case you become a NetBrain employee).
8.6 Access and Disclosure
NetBrain will share your Personal Data on a strict “need to know” basis only with those employees who really need it to process your application, including, but not limited to, the HR department, the hiring manager(s) and interview partners.
In this context, NetBrain may also disclose your Personal Data to employees of other NetBrain entities globally, if the employment will be with an international NetBRain entity outside of the USA and/or if such a disclosure is necessary for the fulfillment of the purposes described above, for example if the hiring manager should not be employed with the hiring entity but with another NetBrain entity.
8.7 Third-Party Service Provider
NetBrain may share your data with third-party service providers used for the provision of services in the context with your application, such as the provider of the NetBrain career website, the provider of the NetBrain HR information system, recruitment agencies, external consultants, pre-employment screening providers, tax advisors and attorneys.
Where NetBrain uses a third-party service provider to process Personal Data, NetBrain will enter into data processing agreements with such provider, as required by the applicable laws. NetBrain will also ensure that the service provider will be able to meet industry standard security measures to ensure the confidentiality and integrity of the Personal Data.
9. Events, Webinars, Conferences, Visiting NetBrain Offices
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.
9.2 Visiting NetBrain Offices
If you visit a NetBrain office, you may be asked to log Personal Data 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).
9.3 Online Meetings
When we participate in an online meeting, video conference, telephone conference and/or webinar organized, held and/or provided by NetBrain (“Online Meeting”), we process your Personal Data to enable your participation in the Online Meeting. We may process your name, email address, dial-in telephone number, IP addess, device information, geolocation data, profile picture, video and audio content, chat content and time and duration of the Online Meeting. We will inform you about our intention to record Online Meetings and will, if legally required, obtain your prior consent.
We use third-party service providers to organize and hold such Online Meetings on the basis of a data processing agreement, as required by the applicable laws. NetBrain will also ensure that the service provider will be able to meet industry standard security measures to ensure the confidentiality and integrity of the Personal Data.
10. Why We Collect and Process Personal Data About You
• To provide you with Products and Services you request, keep you updated 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 products and services, maintaining, servicing, and updating your account(s) associated with our products 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 legal obligations.
• Product debugging, troubleshooting, and other efforts to identify and repair issues inand or upgrade NetBrain products and services, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
• Undertaking internal research and activities to verify or maintain the quality and safety of the NetBrain products and services, as well as to improve, upgrade, or enhance our products and services to ask you to participate in surveys, or to solicit feedback on our products and services.
We use appropriate technical and organizational measures to protect your Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.
12. Access to Personal Data and Disclosure to Third Parties
Your Personal Data is only accessible to those internal departments or organisational units that need your Personal Data to fulfil their tasks, to fulfil contracts with, for data processing with your consent or to safeguard our legitimate interests.
Data will only be transferred to third parties in strict compliance with all legal requirements. We will only transfer your data to third parties if, for example, this is necessary for contractual purposes or to safeguard our legitimate interest in the effective conduct of our business operations.
We may use third parties, such as, but not limited to, service providers, affiliates, agents and/or business partners, to perform certain services including, without limitation, facilitating some aspects of our website, our products and services, such as processing credit card transactions and/or sending emails. These third parties may be supplied with, or have access to, your Personal Data solely for the purpose of providing these services to you on our behalf.
NetBrain will enter into data processing agreements with such third parties, as required under the applicable laws and regulations, and requires these third parties to:
• Only process your Personal Data for limited and specified purposes;
• Notify NetBrain and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third party determines that it cannot meet its obligations to provide the same level of protection for Personal Data as is required by the applicable privacy laws and regulations.
We also may disclose your information, including Personal Data, in the following circumstances:
• In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency (you cannot opt out of such disclosure if required by lawful order), to: i) establish or exercise our legal rights, ii) defend against legal claims, or iii) as otherwise required by law;
• When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing;
• To protect and defend the rights, property or safety of our company, our users, our employees, or others;
• To comply with applicable law or cooperate with law enforcement;
• To enforce our website’s terms and conditions or other agreements or policies; or
• In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy.
In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities may be entitled to access your Personal Data. If we get any such requests for access to data, it is our standard to carefully scrutinize each request and respond with the minimum amount of information in response to legitimate, legally mandated requests.
NetBrain does not, and will not, sell or disclose Your Personal Data to third parties, unless for business purposes as set forth above. Further, NetBrain does not collect Personal Data based on characteristics of protected classifications under applicable law. If we anticipate disclosure of your Personal Data to any third party other than those set forth above, you will be given an opportunity to opt out of such disclosure of your Personal Data. However, you cannot opt out of disclosure of your Personal Data if required by lawful order.
Insofar as we use service providers or third-party providers within the context of our collection and processing of Personal Data, the provision of the website and/or the provision of our products and services, we take appropriate legal precautions as well as appropriate technical and organisational measures to ensure the protection of such Personal Data.
13. Retention and Deletion
We adhere to the principles of data avoidance and data minimization. We therefore only store your Personal Data for as long as is necessary to achieve the purposes stated here or as required by the retention periods provided for by law.
In general, we retain your Personal Data as long as we are providing products and services to you. We retain Personal Data after we cease providing products and services directly or indirectly to you, even if you delete/close your account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention.
We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable laws and regulations.
If the storage purpose no longer applies or if the retention period expires, the Personal Data will be deleted or anonymized in accordance with the statutory provisions.
However, we may continue to store anonymous or anonymized information, such as, but not limited to, website visits and usage of our products and services, in order to improve our website visitors’, customers’, product and services users’ and other third parties’ experience and our products and services.
With regard to job applications, we may, subject to your explicit consent where required, retain your information in the NetBrain talent pool for the purpose of considering whether your skills are suitable for other future opportunities.
14. International Transfers
Therefore, your Personal Data may be processed outside your jurisdiction, and in countries that are not subject to an adequacy decision by the European Commission or your local legislature or regulator, and that may not provide for the same level of data protection as your jurisdiction, such as the EEA. We ensure that the recipient of your Personal Data offers an adequate level of protection and security, for example by entering into the EU Standard Contractual Clauses or by an alternative mechanism for the transfer of data. We will be happy to provide you with information on the appropriate safeguards for data transfer to third countries in accordance with Art. 46 GDPR at any time upon request.
We no longer rely on the Privacy Shield as a transfer mechanism for data transfers given the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield are no longer valid as a result of the Schrems II decision issued by the European Court of Justice. We do continue, however, to commit to the principles of the Privacy Shield Framework as it still provides privacy protections to our website visitors, customers, users of our products and services, applicants and employees. NetBrain’s Privacy Shield Statement can be reviewed here.
15. Your Choices and Rights
Information you provide: With respect to the collection of your information, if you do not want your Personal Data collected, please do not submit it to us. If you have already submitted Personal Data and would like to review, correct or remove it from our records, please contact us at [email protected]
Cookies: If you wish to disable cookies, you can set your browser not to accept cookies. You can find out how to do so here: www.aboutcookies.org
Please note though that if you turn off cookies, there may be some features and functions of our website that will not be available to you and some pages may not display properly.
Information shared with third parties: You may also choose whether your Personal Data may be used for a purpose that is materially different from the purposes for which the Personal Data was originally collected or subsequently authorized by you. You may contact NetBrain as indicated below regarding the company’s use or disclosure of your Personal Data. Unless NetBrain offers you an appropriate choice, we use Personally Identifiable Information only for purposes that are materially the same as those indicated in this Policy.
If you have consented to our use of your Personal Data for a specific purpose, you have the right to change your mind at any time and revoke your consent by contacting NetBrain at the contact details stated above, but this will not affect any processing that has already taken place.
16. California Residents
To the extent applicable to our collection, use, and disclosure of Personal Data relating to California residents, NetBrain also complies with the principles of the California Consumer Privacy Act (“CCPA”). You have the right under the CCPA and certain other privacy and data protection laws, as applicable, to exercise the rights described below, free of charge.
16.1 Disclosure of Personal Data We Collect About You
You have the right to know:
• The categories of Personal Data we have collected about you;
• The categories of sources from which the Personal Data is collected;
• Our business or commercial purpose for collecting or selling Personal Data;
• The categories of third parties with whom we share Personal Data, if any; and
• The specific pieces of Personal Data we have collected about you.
Please note that we are not required to:
• Retain any Personal Data 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 Data; or
• Provide the Personal Data to you more than twice in a twelve (12) month period.
16.2 Disclosure of Personal Data Sold or Used for a Business Purpose
In connection with any Personal Data we may sell or disclose to a third party for a business purpose, you have the right to know:
• The categories of Personal Data about you that we sold and the categories of third parties to whom the Personal Data was sold; and
• The categories of Personal Data that we disclosed about you for a business purpose.
16.3 Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your Personal Data from our records; and
• Direct any of our Service Providers (as defined by the CCPA) to delete your Personal Data from their records.
Please note that we may not delete your Personal Data if it is necessary to:
• Complete the transaction for which the Personal Data 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 Data, internally, in a lawful manner that is compatible with the context in which you provided us with the information.
16.4 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 products or services to you;
• Charge different prices or rates for our products or services, including through the use of discounts or other benefits or imposing penalties, which fall outside the scope of normal business practices for other customers;
• Provide a different level or quality of products or services to you; or
• Suggest that you will receive a different price or rate for products or services or a different level or quality of products or services.
Please note that we may charge a different price or rate, or provide a different level or quality of our products or services to you, if that difference is reasonably related to the value provided to us by your Personal Data.
16.5 How to Exercise Your Rights as a California Consumer
Please complete a Personal Data disclosure or deletion request form here via our online form. Please note that you may only make a data access or data portability disclosure request twice within a twelve (12) month period.
If you request disclosure or deletion, 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 (if necessary); and
• A description of what right under the applicable law 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 Data we collect from you to verify your identity in connection with your request will be used solely for the purposes of such verification.
17. Canadian Residents
To the extent applicable to its collection, use, and disclosure of Personal Data relating to Canadian individuals, NetBrain complies with the principles of:
• The Personal Information Protection and Electronic Documents Act (PIPEDA), including accountability, identifying purposes, consent, limiting collection, limiting use, disclosure and retention, accuracy, safeguards, openness, individual access, and challenging compliance. For more information regarding PIPEDA, please visit http://privacyforbusiness.ic.gc.ca.
• The Canadian Anti-Spam Law (“CASL”), including commercial electronic messages (“CEMs”) sent to exempt and non-exempt recipients who have provided their express of implied consent. For more information regarding CASL, please visit https://www.fightspam.gc.ca/eic/site/030.nsf/eng/home.
18. EU/EEA Residents (GDPR)
18.1 Lawfulness of Processing
If you are an individual in the European Union (EU) or the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the products and services you use and how you use them. This means we collect and use your information only where:
• We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our products and services and to protect our legal rights and interests;
• You give us consent to do so for a specific purpose; or
• We need to process your Personal Data to comply with a legal obligation.
18.2 Your Rights
If you fall under the scope of GDPR you have the right to free information about your Personal Data processed and stored by us, their origin and recipient and the purpose of data processing and a right to correction, blocking or deletion of this data. You also have the right to limit the processing and to object to the processing.
You also have the right to have your data, which we process automatically, handed over to you or to a third party in a common, machine-readable format.
To assert your rights, please contact us using the contact details given above or you can perform your right to data access and deletion directly here via our online form.
You also have the right to appeal to the relevant data protection supervisory authority.
Withdrawal of Consent
Some data processing operations are only possible with your express consent. You can withdraw your consent at any time. For this purpose, an informal email notification to us is sufficient. The legality of the data processing carried out until the withdrawal remains unaffected by the revocation.
RIGHT OF OBJECTION
AS A MATTER OF PRINCIPLE, YOU ARE ONLY ENTITLED TO THIS RIGHT OF OBJECTION IF THERE ARE REASONS ARISING FROM YOUR PARTICULAR SITUATION (ART. 21 PARA. 1 GDPR). AFTER EXERCISING YOUR RIGHT OF OBJECTION, YOUR PERSONAL DATA WILL NOT BE FURTHER PROCESSED FOR THESE PURPOSES UNLESS WE CAN PROVE COMPELLING REASONS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENCE OF LEGAL CLAIMS.
IF THE PROCESSING IS CARRIED OUT FOR THE PURPOSE OF DIRECT ADVERTISING, YOU CAN EXERCISE YOUR RIGHT OF OBJECTION IN THIS REGARD AT ANY TIME (ART. 21 PARA. 2 GDPR) AND YOUR PERSONAL DATA WILL THEN NO LONGER BE PROCESSED FOR THE PURPOSE OF DIRECT ADVERTISING, IRRESPECTIVE OF THE REASONS FOR THE OBJECTION.
Obligation to Provide Data
The provision of Personal Data is neither required by law nor by contract, nor are you obliged to provide Personal Data. However, the provision of Personal Data is required for the conclusion and performance of a contract to the extent that certain details are absolutely necessary in order to conclude and perform a contract.
Automated Decision Making
We do not perform automated decision making, including profiling.
International Transfers to Third Countries outside of the EU/EEA
NetBrain may transfer your Personal Data to countries located outside of the EU/EEA. With regard to transfers of Personal Data to third countries not considered adequate by the European Commission, we have put in place adequate safeguards, such as EU Standard Contractual Clauses, to protect your Personal Data. You may obtain a copy of these measures by contacting NetBrain’s Data Protection Officer at [email protected]
19. Links to Third Party Websites and/or Integration with Third Party Platforms
Our website may interface with third party sites and services (for example, social media platforms like Facebook, Twitter, LinkedIn, YouTube, or other third party applications, sites, or services). Our website may also contain links to websites operated and maintained by third parties, over which we have no control.
We may also use third party tools to support advertising efforts and/or to track visitors to our website or provide other analytical data. In general, this means that third party vendors may show our ads on sites across the Internet (including non-NetBrain sites) based upon your visits to our website and we may use general analytic data to track visits to and from our website and other sites. At this time, most web services, including our website, and some of our third party providers, do not currently recognize or alter behavior in response to automated browser signals regarding tracking mechanisms.
NetBrain’s website and NetBrain’s products and services are not intended for use by children, particularly those under age sixteen (16), and we do not knowingly collect information, Personal Data or otherwise, from children. In the event that we learn that we have collected Personal Data from a child under age sixteen (16), we will delete that information as promptly as possible. If you believe that we might have any information, Personal Data or otherwise, from a child under sixteen (16) years of age, please contact us immediately under the contact details provided above.
21. Policy Changes
To improve the products and services we can offer you, we may opt to expand our capabilities for obtaining information about users in the future, or may change the ways in which we collect, use, process, or share information, Personal Data or otherwise.