Privacy

PRIVACY POLICY

Nexenta Systems, Inc. and its affiliates and subsidiaries (collectively, “Nexenta”) is committed to protecting the privacy and security of the data of its clients, associates, suppliers, and website visitors.  We want you to understand how we collect and use information so you can interact with Nexenta with confidence.  Nexenta’s websites include https://nexenta.com and all related sub sites under nexenta.com domain (*.nexenta.com) (collectively “Sites”). By using Nexenta’s products, services, and/or Sites (collectively, “Services”), you accept and agree to the practices this Privacy Policy describes.

Information We Collect

When you use our Services, we may collect and use personally identifiable information about you, as well as other information.  “Personally identifiable information” includes your name, email address, telephone number, mailing address, and other similar information that can be used to identify you.  More specifically, when you use our Services, we may collect and store the following information:

  • Name
  • Email address
  • Job title
  • Address
  • Physical location
  • Phone number
  • Transactional information based on your activities on the Sites (including but not limited to  searches conducted, as related to your account activity)
  • Correspondence sent to us through the Sites
  • IP addresses
  • Browser type
  • Computer operating system
  • Web log information
  • Date and time you visit the websites
  • Other click-stream data

How We Use Cookies
A “cookie” is a small computer file that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent.  Keep in mind, however, that some website features or services may not function properly without cookies. 

The Sites include third party social media features, such as the Facebook Like button, and third party widgets, such as the ‘Share This’ button or interactive mini-programs that run on the Websites. These features may collect your IP address, which page you are visiting on the Websites, and set a cookie to enable the feature to function properly. Your interaction with these features is governed by the privacy policy of the third party company providing it.

Detailed guidance about cookies can be found at http://www.aboutcookies.org

“Do Not Track” Requests

Nexenta’s Sites honors “do not track” requests.

Use of Your Information

We use the information we collect from you primarily to enable us to provide our Services to you in the best possible manner. 

We may use the information we collect about you (including personal information, to the extent applicable) for a variety of purposes, including: 

  • Provide, maintain, improve, and promote our products;
  • Enable you to access and use our online services;
  • Process and complete transactions, and send you related information, including purchase confirmations and invoices;
  • Send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages;
  • To the extent allowed under applicable law or if you have previously provided your consent, send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions and events; and provide other news or information about us and our partners. You can change your communication preferences or opt-out of receiving marketing communications from us by contacting us at privacy@nexenta.com or following the unsubscribe instructions included in our marketing communications. You can also update your opt-in status online anytime at https://nexenta.com/privacy;
  • Monitor and analyse trends, usage, and activities in connection with the Sites and online services and for marketing or advertising purposes;
  • Investigate and prevent fraudulent transactions, unauthorized access to the online services, and other illegal activities;
  • Personalize the Sites and services, including by providing features that match your interests and preferences; and
  • For other purposes for which we obtain your consent. Please note that we would need to contact you to obtain your consent.

 

Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.

Security
We use commercially suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect in connection with our Services. These procedures include, but are not limited to, encryption, passwords, and physical security.  We also limit access to any personally identifiable information we receive to designated personnel based on least privileged access rules.  However, no data protection procedures are entirely infallible.  As a result, while we strive to protect your personally identifiable information, we cannot guarantee that it will be 100% secure. 

Sharing Your Information

Generally:  We may share your personal information with third parties, including:

  • Service providers under contract who help with our business operations; and
  • Partners to support and fulfill your requests.

We may also share aggregated non-identifiable information about our general readership with third parties in order to help market our products and develop new vendor and customer relationships.

Such third parties have access to personal information as needed to perform their functions, but they are not allowed to use it for other purposes.  We do not sell or rent personal information collected through our Services to anyone.

You may also opt in to allow us to use and share your personal information to contact you, including via email, to thank you for providing your request and to conduct satisfaction surveys.

The Sites may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features (“Interactive Areas”). You should be aware that any information that you post in an Interactive Area might be read, collected, and used by others who access it. To request removal of your personal information from an Interactive Area, contact us at privacy@nexenta.com

Other Circumstances:  We may disclose your personal information to third parties if we are involved in a merger, acquisition, or sale of any or all of our business and/or our assets to a third party, or if we have a good faith belief that disclosure is necessary to:

  • Comply with applicable laws, regulations, legal process (such as a subpoena), or enforceable government request;
  • Enforce applicable terms of use, including investigation of potential violations of such terms, or to detect, prevent, or otherwise address fraud, security, or technical issues; and
  • Protect against harm to the rights, property, or safety of Nexenta, our users, or the public as required or permitted by law. 

Third Party Websites and Social Media Features
Nexenta’s Sites may contain links to other sites, including those of third parties or business partners.  While we seek to link only to sites that share our respect for privacy, we cannot be responsible for the privacy practices other websites use.  By accessing other third party websites or applications through our Sites, you are consenting to the terms and privacy policies of those websites.  It is possible that other parties may collect personally identifiable information about your online activities over time and across different web sites when you use Nexenta’s Sites.

Information for Visitors from the European Economic Area and Switzerland and the Privacy Shield

To the extent that you are a visitor from the European Economic Area and Switzerland, you should be aware that the Nexenta’s Sites are hosted and operated in the United States (“US”) and elsewhere in the world.By using the Sites, you are consenting to the transfer of your personal information to the US.If you are accessing Nexenta’s Sites from outside the US, please be advised that US law may not offer the same privacy protections are the law of your jurisdiction.

Nexenta participates in the EU-US Privacy Shield (Pending approvals).We protect consumer personal information received for processing from clients in the European Economic Area and Switzerland in accordance with the Privacy Shield Principles.

We have designated JAMS https://www.jamsadr.com/eu-us-privacy-shield  to address complaints and provide appropriate recourse free of charge. Under certain circumstances, you will be able to invoke binding arbitration.

We also protect all data transferred to the third parties by entering into contracts with the third party ensuring that your data is only processed for the limited and specified purposes consistent with your authorization.We will require that the third party recipient provide the same level of protection as reflected in the Privacy Shield principles and will take all reasonable and appropriate steps to ensure that the third-party recipient effectively processes the personal information.

Upon receipt of a request from a visitor from the European Economic Area and Switzerland, we will provide a summary or a representative copy of the relevant privacy provisions of our contract with the third-party recipient.

To learn more about the Privacy Shield and to view Nexenta’s certification, please visit https://www.privacyshield.gov.

Review and Correction of Your Information

You may review and edit the information Nexenta collected about you at any time by contacting us at the address below. For sites where you have an account, you can view and edit/request edits to your information from within those sites.If your information has been shared with a third party (as described elsewhere in this Privacy Policy), then that third party has received its own copy of your data.If you have been contacted by one of these third parties and wish to correct or delete your information, please contact them directly.

California Privacy Rights

California law allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes. Nexenta does not share any California consumer personal information with third parties for marketing purposes without consent.

California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices may contact us using the contact information set forth below.

Users Only of Legal Age of Majority

Our Sites are designed and intended for those who are at least 18 years old.  By using our Sites, you affirm that you are at least 18 years of age or older.  We are not liable for any damages that may result from a user’s misrepresentation of age.  No one under age 13 is authorized to submit any information, including personally identifying information, on our Sites. Under no circumstances may anyone under age 13 use our Sites.  Parents or legal guardians of children under 13 cannot agree to these terms on their behalf.

Privacy Policy Updates

This Privacy Policy is effective as of May 25, 2018.

We update the Privacy Policy from time to time, so please review it regularly. If we materially change our Privacy Policy, we will notify you by contacting you through your user account e-mail address or by posting a notice on our Sites. All amended terms automatically take effect 30 days after they are initially posted on the Sites. Your continued use of our Services will be deemed your agreement that your information may be used in accordance with the new policy.  If you do not agree with the changes, then you should stop using our Services and notify us that you do not want your information used in accordance with the changes. 

Contacting Us

Please contact us at privacy@nexenta.com to submit any questions, comments, or complaints you may have regarding this Privacy Policy. 

© 2018 Nexenta Systems, Inc.  All rights reserved.  Nexenta is a registered trademark of Nexenta Systems, Inc. in the US and other countries.