Privacy Shield

EU-US AND SWISS-US PRIVACY SHIELD POLICY AND INFORMATION

Version 1.2, effective as of February 14, 2020

NetBrain Technologies, Inc. and its subsidiaries (collectively, “NetBrain”) respects your concerns about privacy and is committed to respecting the privacy of its customers and vendors throughout the world. To that end, NetBrain has certified that it abides by the EU-US and Swiss-US Privacy Shield frameworks as set forth by the U.S. Department of Commerce regarding the collection, storage, use, transfer, and other processing of Consumer Personal Data transferred from the European Economic Area (“EEA”) to the United States, where NetBrain is headquartered.  This Privacy Shield Policy outlines NetBrain’s general policy and practices for implementing the Privacy Shield Principles for covered Personal Data, and supplements and compliments our main Privacy Policy, available here.

 

As set forth below, NetBrain adheres to the EU-US and Swiss-US Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If there is a conflict between our Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield Program and to view NetBrain’s certification, please visit: www.privacyshield.gov.

 

For Purposes of this Policy

“Consumer” means any natural person located in the EEA or Switzerland who is a prospective or actual user of NetBrain’s Website, Products, or Services, or whose Personal Data is submitted to or may be stored by NetBrain.

“Personal Data” means any information, including Sensitive Data, that: (i) is transferred to NetBrain in the U.S. from the EEA or Switzerland; (ii) is recorded in any form; (iii) relates to an identified or identifiable Consumer; and (iv) can be linked to that individual.

“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings; for individuals in Switzerland, Sensitive Data also includes ideological or trade union-related views or activities, or information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings.

 

How NetBrain Obtains Personal Data

 

NetBrain may collect Personal Data in one or more of the following ways:

 

  • Account creation and registration;
  • Sales contact, product demonstrations, and product information requests;
  • In-person and online event registration;
  • Commercial and sales agreements and payment processing;
  • Visiting NetBrain offices;
  • Technical support, troubleshooting, software deployment, installation, and other support and technical services;
  • Sales demonstrations and qualification, negotiation, and renewal conversations;
  • Online behavior tracking and advertising when a Consumer visits NetBrain’s website and/or social media pages (the “Website”);
  • Third-party resellers, marketing data research services, publicly accessible sources and referrals;
  • From its own employees, prospective and actual, in the normal course of business.

 

Privacy Shield Principles

As set forth below, NetBrain’s practices regarding the collection, storage, use, transfer, and other processing of Personal Data comply with the Privacy Shield Principles of notice, choice, onward transfer, access, security, data integrity, and enforcement and oversight.

 

Notice

 

NetBrain provides information in its online Privacy Policy regarding its general practices related to Personal Data collected on the Website, including the purposes for which NetBrain collects and uses Personal Data.

For circumstances other than those contemplated by NetBrain’s online Privacy Policy, for example, in-person market research, product and development activities, or trade show and promotional activities conducted offline, relevant information will be found in privacy notices pertaining to these specific data processing activities presented to Consumers prior to collection of Personal Data.

 

Choice

 

NetBrain offers Consumers the opportunity to choose or opt out of disclosure of their Personal Data to certain third parties or use their Personal Data for a purpose that is incompatible with the purpose for which the information was originally collected or subsequently authorized by the individual. Consumers may contact NetBrain as indicated below regarding the company’s use or disclosure of their Personal Data.

NetBrain’s online Privacy Policy sets forth the circumstances in which NetBrain may disclose Personal Data without offering the Consumer an opportunity to opt out, including:

 

  • to its subsidiary companies as necessary to perform services on its behalf
  • to service providers, affiliates, agents and/or business partners NetBrain has retained to perform services on its behalf;
  • if it is required to do so by law or legal process, including disclosure to law enforcement or other government authorities if required by lawful order;
  • when NetBrain believes disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; or
  • in the event it sells or transfers all or a portion of its business or assets (including in the event of a divestiture, merger, consolidation, liquidation or bankruptcy). Should such a sale or transfer occur, NetBrain will use reasonable efforts to direct the transferee to use the Personal Data in a manner that is consistent with this Privacy Shield Policy.

 

NetBrain’s Privacy Policies

 

NetBrain uses Personal Data only for the purposes indicated in this Privacy Shield Policy or the online Privacy Policy available here unless it has a legal basis, such as prior affirmative consent, to use it for other purposes. To the extent required by law, NetBrain obtains prior opt-in consent at the time of collection for the processing of: (i) Personal Data for marketing purposes; and (ii) Sensitive Data, to the extent that NetBrain collects any Sensitive Data.

 

Accountability for Onward Transfer of Personal Data

 

NetBrain may share Consumer Personal Data with third parties as indicated above and consistent with its online Privacy Policy. Except as permitted or required by applicable law, NetBrain requires third party controllers to whom it discloses Consumer Personal Data to either: (i) subscribe to the relevant Privacy Shield Principles; or (ii) contractually agree that: a) data will only be processed for limited and specified purposes consistent with the consent given by the individual, b) the recipient will provide the same level of protection as the Privacy Shield Principles, and c) the recipient will notify NetBrain if it makes a determination that it can no longer meet those obligations.

 

NetBrain acknowledges that it may be liable in cases of onward transfer to third parties of relevant Consumer Personal Data in a manner inconsistent with the Privacy Shield Principles.

 

Security

 

NetBrain utilizes reasonable technological and physical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

 

Data Integrity and Purpose Limitation

 

NetBrain takes reasonable steps to ensure that the Personal Data that it processes is: (i) relevant for the purposes for which it is to be used; (ii) reliable for its intended use; and (iii) accurate, complete, and current.

 

Access

 

Where appropriate, NetBrain provides Consumers with reasonable access to the Personal Data NetBrain maintains about them. NetBrain also provides a reasonable opportunity for Consumers to correct, amend, limit disclosure, or delete that information where it is inaccurate, as appropriate.
NetBrain may limit or deny access to Personal Data where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Privacy Shield framework principles. The right to access personal information also may be limited in some circumstances by local law requirements. Consumers may request access to their Personal Data by contacting NetBrain as indicated below. We will respond to all access requests as soon as possible and in accordance with applicable law.

 

In this regard, NetBrain depends on its Consumers to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the individuals. Consumers may contact NetBrain as indicated below to request that NetBrain update or correct relevant Personal Data.

 

Recourse, Enforcement, and Liability

 

NetBrain has established procedures for periodically verifying implementation of, and compliance with, the Privacy Shield Principles. Specifically, NetBrain conducts an annual self-assessment of its Personal Data practices to verify that the attestations and assertions which NetBrain makes about its privacy practices are true, and that NetBrain’s privacy practices have been implemented as represented.

 

Consumers may submit a complaint concerning NetBrain’s processing of their Personal Data or Personal Data practices to NetBrain at the contact information provided below.

 

If the issue cannot be resolved by NetBrain, NetBrain has committed to refer unresolved privacy complaints to JAMS under the JAMS EU-US and Swiss-US Privacy Shield.  For more information and/or to file a complaint, please visit: https://www.jamsadr.com/eu-us-privacy-shield.

 

NetBrain is subject to the investigatory and enforcement powers of the Federal Trade Commission to ensure compliance with the EU-US and Swiss-US Privacy Shield principles outlined in this Privacy Shield Policy.

If a Consumer complaint from an EU or Swiss individual is not resolved through these channels, EU and Swiss individuals may be entitled to a binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.

 

With respect to human resources data transferred from the EU in the context of an employment relationship with NetBrain, NetBrain commits to cooperate with and comply with the advice of EU data protection authorities established pursuant to the Privacy Shield to address relevant employee complaints. With respect to human resources data transferred from Switzerland in the context of an employment relationship with NetBrain, NetBrain commits to cooperate with and comply with the advice of the Swiss Federal Data Protection and Information Commissioner established pursuant to the Privacy Shield to address relevant employee complaints.

 

How to Contact NetBrain

 

To contact NetBrain about questions or concerns about this Privacy Shield Policy or NetBrain’s practices concerning Personal Data please email: [email protected], or write to:

 

For European Residents:

NetBrain Technologies GmbH

Attn:  Barbara Frommel

Karlstraße 68

80335 München

Deutschland

 

For all others:

NetBrain Technologies, Inc.

Attn: Legal Department

15 Network Drive

Burlington, MA 01803

 

Effective as of: September 15, 2016; Last modified: February 14, 2020