Privacy Policy

Privacy Policy

This Privacy Policy discloses the practices of NetBrain Technologies, Inc. and its subsidiaries (“NetBrain”) concerning information we obtain by and through your use of the NetBrain website (the “Website”) and/or any products or services offered or provided by NetBrain (the “Products” and “Services”).

NetBrain is committed to respecting your privacy and takes seriously its task in providing appropriate protection and management of information you share with us. The purpose of this Privacy Policy is to explain the types of information NetBrain obtains about visitors to our Website and users of our Products and Services, how the information is obtained, how it is used, and the choices you have regarding our use of, and your ability to review and correct, your personal information.

By using the Website or the Products and Services, you are accepting and consenting to the use of your information as described in this Policy.

1. What Information We Collect
2. Why We Collect Information About You
3. How We Collect Information
4. How We Use Information About You
5. How We Protect Your Information
6. How Long We Keep Your Personal Information
7. Canadian Residents
8. Storage and Processing of European Personal Information Outside the European Economic Area (EEA)
9. The Legal Basis for Using Your Personal Information
10. Disclosures to Third Parties
11. Links to Third Party Websites and/or Integration with Third Party Platforms
12. Information About Children
13. Your Choices and Rights
14. Policy Changes
15. Questions or Feedback

  1. What Information We Collect

The information we collect on our Website and through the use of our Products and Services generally falls into the following two categories: Personally Identifiable Information and Non-Personally Identifiable Information. If we do combine Non-Personally Identifiable Information with Personally Identifiable Information, the combined information will be treated as personal information for as long as it remains combined.

Personally Identifiable Information

Personally Identifiable Information refers to information that lets us know the specifics of who you are. The Personally Identifiable Information we collect about you through our Website generally relates to your identity and contact information, such as, your name, company name, job title, company address, e-mail address and phone number. We may request Personally Identifiable Information when you register on the Website, purchase or register Products or when you request or receive information regarding our Products and Services.

Non-Personally Identifiable Information

Non-Personally Identifiable Information refers to information that does not by itself identify a specific individual. The non-personally identifiable data we collect when you visit our Website may include the Uniform Resource Locator (“URL”) of the Web site 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 Internet Protocol (“IP”) address, and any search terms entered on our Website.

Passwords

Access to certain parts of our Website requires 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 techsupport(at)netbraintech.com. NetBrain customers with a current maintenance 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.

Cookies

In addition, our Website uses or may use “cookies” to gather Non-Personally Identifiable Information. A cookie is a small piece of data that your internet browser places on your device so that it can be recognized when it returns in the future. The cookies enable us to secure our website, remember your preferences, and personalize content for your future visits. No harm is done from having tracking cookies on your device and they are only placed to streamline your experience with our website.

Session Cookies are temporary cookies that are stored on your device to track your interaction with the website in the current session. These cookies are used to allow shopping cart functions, form fill out functions, and improve reverse navigation of webpages. These tracking cookies are only stored as long as the browser session is open and are cleared from device once the session is ended.

Persistent Cookies are stored on your device long term to allow browsers to remember your historical preferences on a webpage. These can be used in login chains, target advertising, and webpage bookmarks.

Third-Party Cookies are set by domains or websites other than the one that you are specifically visiting. These cookies are set by other companies through our website and are commonly used from advertisements or analytics/website tracking.

Generally, we use cookies to store information about your preferences and activity during and after your visit to our Website. Most browsers automatically accept cookies, but you can usually refuse cookies, or selectively accept certain cookies, by adjusting the preferences in your browser. If you turn off or refuse cookies, there may be some features of our Website that will not be available to you, and some Web pages may not display properly. By using our Website, you consent to NetBrain’s use of “cookies.”

  1. Why We Collect Information About You

Our primary goals in collecting information from and about you are to:

  • provide you with Products and Services you request;
  • communicate with you regarding our Products and Services;
  • provide you with the all features and functions of the Website, and provide all users a smooth, efficient, and personalized experience while using our Website;
  • understand the way you use our Website, Products and Services; and
  • improve our existing Products and Services and the content of our Website, and research and develop new product and service offerings.
  1. How We Collect Information

We collect Personally Identifiable Information only when you provide it to us. If you do not wish for your Personally Identifiable Information to be used or collected, please do not submit it to us. There may be times, such as when a User registers through the Website and/or signs up for any other Product or Service we may offer, at which we will ask you to provide certain information about yourself, such as your name, e-mail address, place of employment, etc. Whether or not you choose to provide such information is completely your own choice. If you choose not to provide the information we request, you may be unable to use or access certain Products, Services, offers, or content on our Website.

In addition, our Website may automatically collect Non-Personally Identifiable Information, including the web page from which a visitor enters our Website, which pages a visitor visits on our Website, how much time a visitor spends on each page, etc.

  1. How We Use Information About You

Our primary use of your information is to interact with you regarding with our Products and Services. For example, we may use the information you provide for customer support purposes. We may also use your information to contact you about our Products and Services, for marketing and promotional purposes for our Products and Services, or to provide you with other information we think may be of interest to you. Specifically, we may use your email address to communicate with you regarding Products and Services you use or request, or to provide you with information that may be of interest to you relating to NetBrain Products or Services, events, or topics in our industry.

We may also use your information for market research purposes and to develop new products and solutions. Unless otherwise specified and agreed to, most of these research and development activities will only use anonymous and aggregate data and not your Personally Identifiable Information. In circumstances in which your Personally Identifiable Information will or may be used for research or development purposes, we will ask for your explicit consent to do so.

  1. How We Protect Your Information

We use reasonable technological and physical safeguards to protect Personally Identifiable Information you provide to us 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.  However, no safeguards are infallible.

  1. How Long We Keep Your Personal Information

In general, we will only retain your information for the time necessary to realize our legitimate business purposes and to comply with the law.  However, we may continue to store anonymous or anonymized information, such as Website visits, without identifiers, in order to improve our services.

  1. Canadian Residents

To the extent applicable to its collection, use, and disclosure of personal information 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

  1. Storage and Processing of European Personal Information Outside the European Economic Area (EEA)

If you are located in the EEA, please note that as part of our service, we may transfer your personal information to other regions, including to the United States.  NetBrain adheres to the principles of the US Department of Commerce EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield framework.  NetBrain’s Privacy Shield Statement can be reviewed here https://www.netbraintech.com/privacy-shield/. To learn more about the Privacy Shield Program and to view our certification, please visit: www.privacyshield.gov.

  1. The Legal Basis for Using Your Personal Information

When we collect information about you through our Website, the legal basis on which we process your Personally Identifiable Information is our legitimate interests, namely, to provide you with information marketing our technology and services.

  1. Disclosures to Third Parties

Generally speaking, we do not share your Personally Identifiable Information with third parties unless those third parties are providing you with a service on our behalf or we have otherwise partnered with those third parties.  NetBrain requires these third parties to:

  1. only process the Personally Identifiable Information for limited and specified purposes consistent with your consent;
  2. provide the same level of protection for Personally Identifiable Information as is required by the Privacy Shield Principles; and
  3. notify NetBrain and cease processing Personally Identifiable Information (or take other reasonable and appropriate remedial steps) if the company determines that it cannot meet its obligation to provide the same level of protection for Personal Information as is required by the Privacy. Shield Principles.

Furthermore, we do not disclose your Personally Identifiable Information to third parties for third party direct marketing purposes.

In certain circumstances, we may share your information with third parties, including the following:

* Service Providers, Affiliates, Agents and/or Business Partners: We may use other companies to perform certain services including, without limitation, facilitating some aspects of our Website or Service, such as processing credit card transactions and/or sending emails. These other companies may be supplied with or have access to your information solely for the purpose of providing these services to you on our behalf.
* Special Circumstances: We also may disclose your information, including Personally Identifiable Information, 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 establish or exercise our legal rights; to defend against legal claims; or 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; or to enforce our Website’s terms and conditions or other agreements or policies;
* 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.
If we anticipate disclosure of your information to any third party other than those set forth above, you will be given an opportunity to opt out of disclosure of your information.  However, you cannot opt out of disclosure of your personal information if required by lawful order.

  1. 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.

Privacy policies for these third party sites and services may be different from our privacy policy. You access these third party sites and services at your own risk. You should always read the privacy policy of a linked site or integrated service before disclosing any personal information on such site and/or through such service. NetBrain is not responsible for information you submit to third parties.
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 this site and we may use general analytic data to track visits to and from our sites and other sites. Generally speaking, this data is anonymized and not combined with your personal information. At this time, most web services, including our site and some of our third party providers, do not currently recognize or alter behavior in response to automated browser signals regarding tracking mechanisms.

  1. Information About Children

NetBrain’s Website is not intended for use by children, particularly those under age 13, and we do not knowingly collect information from children.  In the event that we learn that we have collected Personally Identifiable Information on the Website from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at privacy[at]netbraintech.com.

  1. Your Choices and Rights

You have several choices regarding the use and disclosure of your information.

Information You Provide: With respect to the collection of your information, if you do not want your Personally Identifiable Information collected, please do not submit it to us. If you have already submitted information and would like to review, correct or remove it from our records, please contact us at privacy(at)netbraintech.com.

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 Personally Identifiable Information may be used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by you. You may contact NetBrain as indicated below regarding the company’s use or disclosure of your Personally Identifiable Information. 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.

Rights for EEA Residents

In addition, if you are a resident of the EEA, you have the right to:

  • Find out if we use your Personally Identifiable Information, access your Personally Identifiable Information and receive copies of your Personally Identifiable Information.
  • Withdraw your consent to the processing of your Personal Information at any time without penalty.
  • Access your Personally Identifiable Information and have it corrected or amended if it is inaccurate or incomplete.
  • Obtain a transferable copy of some of your Personally Identifiable Information which can be transferred to another provider when the Personally Identifiable Information was processed based on your consent.
  • If you believe your Personally Identifiable Information is inaccurate, unlawful, no longer necessary for our business purposes, or if you object to our processing of your Personally Identifiable Information, you also have the right to instruct us to restrict the processing of your data pending our investigation and/or verification of your claim.
  • Request your Personally Identifiable Information be deleted or restricted under certain circumstances. For example, if NetBrain is using your Personally Identifiable Information on the basis of your consent and has no other legal basis to use such, you may request your Personally Identifiable Information be deleted when you withdraw your consent.

If you wish to exercise any of these rights, or raise a complaint on how we have handled your Personal Information, please contact us at privacy(at)netbraintech.com.

If you are not satisfied with our response, or believe we are processing your Personally Identifiable Information in violation of the law, you can complain to the Bavarian Data Protection Authority https://www.lda.bayern.de/en/complaint.html

  1. Policy Changes

To improve the services it can offer you, NetBrain may opt to expand its capabilities for obtaining information about users in the future or may change the ways in which it collects, uses, processes or shares information. NetBrain will update this privacy statement continually to ensure that you are aware of developments in this area. We will post those changes here so that you will always know what information we collect online, how we use it, and what choices you have. Please be sure to check this page before proceeding to use our Website or using our Products or Services. Any material changes will be communicated via notice on the Website.

  1. Questions or Feedback

If you have any questions or comments regarding our privacy policy and practice, please contact us at the following email address: privacy(at)netbraintech.com or by using the contact details below:

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 2nd Floor
Burlington, MA 01803
USA

 

Last modified: May 7, 2018

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