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.

NetBrain complies with the EU-U.S. Privacy Shield Framework and the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland, respectively. To view NetBrain’s adherence to the Privacy Shield and Safe Harbor Principles, please review our EU-U.S. Privacy Shield and Swiss Safe Harbor Privacy Policy, located here: http://www.netbraintech.com/eu-safe-harbor/.

To the extent applicable to its collection, use, and disclosure of personal information relating to Canadian individuals, NetBrain also 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

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

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 may include, for example, your name, 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. Personally Identifiable Information may be stored and processed in the United States or any other country in which NetBrain or its subsidiaries, affiliates or agents maintain facilities.

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

Our Website uses or may use “cookies” to gather Non-Personally Identifiable Information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. 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.”

2. 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.

3. 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.

4. 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.

5. 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.

6. How to Correct or Remove Personal Information

If you do not want your Personally Identifiable Information collected, used or stored, please do not submit it to us. If you have already submitted personal information and would like to access, review, correct or remove your information from our records, please contact privacy(at) netbraintech.com.

7. 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 and ensured their privacy practices are consistent with our own. 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. We will endeavor to contact you in the event of any of these transactions, but we do not promise to do so.
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.

8. 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.

9. 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.

10. 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

Last modified: September 15, 2016

4829-5258-3991.1