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4. Privacy Policy
NETAPP PRIVACY POLICY
* Privacy policy
* Personal information in context
* Categories of types of personal information and types of information defined
* Categories of sources of information defined
* Sale of personal information
* Collection, use, and disclosure of personal information
* Websites
* Products and services
* Social media
* Interactions with job applicants
* Market research
* Offline
* Purpose for collecting and basis for processing personal information
* Categories of third parties with whom we share personal information
* How you can access, change or delete your personal information
* Third party advertisement
* Other uses and disclosures
* Collection of other information
* Communications or utilization information
* Information collected automatically through your browser or device
* “Cookies” - information stored automatically on your computer
* Clear gifs (web beacons, web bugs)
* Adobe flash technology (including Flash Local Shared Objects (“Flash LSOs”))
and other similar technologies
* Uses and disclosures of other information
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* Minors
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PRIVACY POLICY
Last Updated June 1, 2021
This Privacy Policy tells you about NetApp, Inc.’s and its subsidiaries'
policies and practices for the collection, use, processing, storage, transfer,
and disclosure of Personal Information that we may collect or observe. NetApp
collects or observes information through a variety of difference contexts
(collectively referred to as the “NetApp Platform”), and how we use, process,
store, transfer, and disclosure Personal Information varies based on the context
through which it was collected.
PERSONAL INFORMATION IN CONTEXT
NetApp collects personal information in a variety of contexts, each of which is
defined below. The categories of information, types of information, sources of
information and our purposes for collecting, processing, using, and sharing such
information is determined based on this context.
* Websites NetApp collects Personal Information through our websites,
including, but not limited to, the website or subdomains of www.netapp.com,
(e.g., our Communities site, Training site, and Support site) or any website
that posts this policy (collectively, the “Sites”). Personal Information
collected through a website, but in a different context defined in this
Policy, such as the Interactions with Job Applicants Context or Products and
Services context, is treated in compliance with the stated context and not
the Websites Context.
* Products and Services NetApp collects Personal Information through your use
of products and services made available to you by us. This includes hardware,
software (including software for mobile devices or “apps”), cloud data
services, professional services, and support services.
* Social Media NetApp collects Personal Information through your use of our
social media pages and apps, through HTML-formatted email messages that link
to this Privacy Policy, through your interactions with third party social
media (such as LinkedIn, Facebook, or Twitter), and when you publicly post
using NetApp-related hashtags.
* Interactions with Job Applicants NetApp collects Personal Information when
you apply for a job at jobs.netapp.com, interact with our third-party
partners’ (such as LinkedIn) postings of job openings at NetApp, or provide
information to our internal or external recruiters via email or web forms.
* Market Research NetApp collects Personal Information from third party service
providers for the purpose of market research, product research, targeted
advertising, and business development.
* Offline When you interact in person with representatives from NetApp, such as
at an event we host or participate in or when you place an order over the
phone or contact customer service by phone, you may disclose or we may
observe or infer Personal Information about you that you did not directly
state.
CATEGORIES OF TYPES OF PERSONAL INFORMATION AND TYPES OF INFORMATION DEFINED
“Personal Information” is information relating to, directly or indirectly, an
identified or identifiable natural person or household. This includes things
like your name, postal address, telephone number, and email address, as well as
less obvious information, which are included in the following defined
categories. We plan to collect, and have collected within the preceding 12
months, the following categories of Personal Information:
* Individual Identifiers This includes information like your name, email
address, physical address, telephone number, login alias, IP address or Other
Information that identifies you regardless of your relationship to NetApp.
* Inferences This includes customer profiles, usage preferences, or other
information about an individual’s anticipated or assumed actions or
behaviors.
* Customer Records This includes information like your company name, job title,
account number, customer identifier, or Other Information that relates to you
as a customer of NetApp.
* Education information This includes information about your educational
history, such as the schools you have attended, the courses of study you
followed, the status of any required continuing education for professional
licensing, or Other Information relating to your education.
* Commercial Information This includes payment card data, financial account
information, account information, records of products or services purchased,
obtained or considered, or other purchasing or consuming histories or
tendencies of the customer, and Other Information necessary to collect and
process payment for products and services ordered by the customer.
* Electronic Network Information This includes information like browser and
device data, and internet or network activity information, such as activity
on our Websites and Services, data collected through cookies, pixel tags and
other technologies, and Other Information that is generated through your use
of the internet to access our websites.
* Geolocation Data This includes information such as your precise location or
city, state, county, or country, if you have such geolocation data enabled
when using the applicable social media application. For example, if you use
Facebook to “Check In” at a NetApp-run event, we can collect that
information.
* Audio, electronic, visual, or similar information This includes information
that is captured on audio or video recording, such as if a telephone or video
call is recorded, or simply observable in such interaction or in an Offline
Context.
* Professional and Employment Related Information This includes your contact
details, user name and password to be able to access the Careers Site where
you can apply for jobs, and information about your current or past employers,
memberships in professional associations or trade unions, and professional
licensing status if you make such information publicly available in the
context from which the Personal Information is collected, such as in your
publicly available social media accounts, through a resume submitted to us,
or by attending a professional event associated with an affinity group. This
may also include your work authorization status, skills, information relating
to references and any other information you elect to provide to us (e.g.,
employment preferences, willingness to relocate, current salary, desired
salary, awards or professional memberships).
* Sensitive Information Protected under Law This includes characteristics of
protected classifications under law, such as information about your age,
race, religion, gender, gender identity, sexual preference, disability,
political preference, trade union membership, philosophical views, marital
status, medical or health information, genetic or biometric information,
biometric templates, veteran status, background check information, judicial
data or information on other judicial or administrative proceedings, or other
pieces of information of particularly sensitive nature, if you make such
information publicly available in the context from which the Personal
Information is collected, such as in your publicly available social media
accounts, through a resume submitted to us, or by attending a professional
event associated with an affinity group
“Other Information” means any information that does not reveal your specific
identity or does not directly relate to an identifiable individual, such as:
browser and device data, App usage data, data collected through cookies, pixel
tags and other technologies, demographic information and other data provided by
you that does not reveal your specific identity, or other types of information
that has been aggregated in a manner such that it no longer reveals your
specific identity.
CATEGORIES OF SOURCES OF INFORMATION DEFINED
* Original Sources Information provided by an individual about that individual.
* Customer Sources Information provided about an individual by a customer, such
as when one employee of a customer provides information about a colleague in
the course of setting up services. For example, a storage administrator for a
customer entity may set up administrative accounts for their colleagues that
include providing their colleagues’ email addresses and telephone numbers.
* Third Party Sources Information collected from third-party sources, such as
publicly available databases, social media platforms, third party providers
of market research data, and our affiliates, business and joint marketing
partners who share information with us.
* Product Sources Information sent to NetApp by our products because you use
our products. NetApp products are defined in our General Terms.
* Services Sources Information sent to NetApp by our services because you use
our services. NetApp services are defined in our General Terms.
SALE OF PERSONAL INFORMATION
NetApp does not sell Personal Information collected in any Context under this
Privacy Policy
COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
The following disclosures reflect our treatment of personal information
collected in the defined Contexts in which we do business
WEBSITES
* Categories and Types of Personal Information We Collect We collect Personal
Information about you when you use the Sites, including Individual
Identifiers, Customer Records, Inferences, and Electronic Network
Information.
* Categories of Sources of Information Personal Information collected in the
Website context is collected from Original Sources, Customer Sources, and
Third-Party Sources.
PRODUCTS AND SERVICES
NetApp products and services send a variety of information to NetApp in
accordance with the product documentation and contracts for sales. This
information is classified as follows, and as further defined in the sales
contracts:
* Customer Content Any information provided by Customer that NetApp may operate
on, where such operation is on the Customer's behalf as part of providing
Products or Services.
* Functional Data Data, which does not contain Customer Content, which is
generated by NetApp’s providing the Product or Service, and which informs
NetApp in the development, deployment, operations, maintenance, and securing
of the Product or Service.
* Support Information Information, which is not Customer Content, provided to
NetApp by or for a Customer for the purpose of providing technical support
pertaining to the Product or Service and/or maintaining a Customer’s Product
or Service.
Personal Information may be included in any of these data classifications.
However, NetApp only collects Functional Data and Support Information because
Functional Data and Support Information are necessary for us to provide the
products and services to you. We will process Customer Content in accordance
with the applicable service terms, but this data is not specifically collected
by NetApp.
Categories and Types of Personal Information We Collect We collect Personal
Information about you when you use the Products or Services, including
Individual Identifiers, Customer Records, Electronic Network Information,
Inferences, and Commercial Information.
Categories of Sources of Personal Information Personal Information collected in
the Products and Services context is collected from Original Sources, Customer
Sources, Product Sources, Services Sources, and Third-Party Sources.
Purpose for Collecting and Basis for Processing Personal Information NetApp
collects and processes Personal Information collected through the Products and
Services solely for the purpose of providing the services and commercial
purposes ancillary to providing the products or services, and NetApp will not
retain, use, or disclose Personal Information collected through the Products or
Services except as stated in this Privacy Policy.
Categories of Third Parties with Whom We Share Personal Information NetApp uses
third-party service providers and subprocessors to provide services on our
behalf and may share Personal Information collected by the Products and Services
with them to assist them in providing these services. These can include
providers of services such as website hosting, data analysis, payment
processing, order fulfillment, information technology and related infrastructure
provision, customer service, email delivery, auditing, and other services. We
also may share Personal Information with channel partners or resellers if you
inquire about our products or services typically fulfilled through channel
partners or resellers. These channel partners or resellers may also use this
information to inform you about third-party products or services that may be of
interest.
NetApp uses third-party service providers and subprocessors in the provision of
the Products and Services.
Third Party Advertisement Personal Information collected through the Products
and Services is not used for advertisement purposes.
SOCIAL MEDIA
Categories and Types of Personal Information We Collect We collect Personal
Information about you in Social Media context including Individual Identifiers,
Customer Records, Inferences, Electronic Network Information, Geolocation Data,
Professional and Employment Information, and Sensitive Information Protected
under the Law.
Categories of Sources of Information Personal Information collected in the
Social Media context is collected from Original Sources, Third-Party Sources,
and Customer Sources.
Third Party Advertisement In addition to the third-party advertising companies
we use to serve advertisements regarding goods and services that may be of
interest to you when you access and use social media, a third-party social media
provider may provide further advertising. Please review third party social media
privacy policies for their advertisement and privacy policies.
INTERACTIONS WITH JOB APPLICANTS
Retention The criteria used to determine our retention periods for job
applicants’ Personal Information are: (i) the duration of the application
process; (ii) as long as we have an ongoing working relationship with you; (iii)
as required by a legal obligation to which we are subject; (iv) as advisable in
light of our legal position (such as in regard of applicable statutes of
limitations, litigation, or regulatory investigations). Your Personal
Information will be added to NetApp’s international candidate database and can
be retained and used to consider you for opportunities at NetApp and its
affiliates other than the one(s) for which you apply. If you do not wish us to
do this, please contact us at ng-privacy@netapp.com.
Law Applicable to Job Application The Careers Site allows you to apply for jobs
worldwide, as a benefit of NetApp’s centralized global recruitment function.
This Careers Site is operated from the United States. Accordingly, any Personal
Information you submit to the Careers Site will be collected in the United
States and will be subject to U.S. laws. However, if we share your Personal
Information with an affiliate located in another country in the Interactions
with Job Applicants context, the affiliate will handle your personal information
in accordance with this Policy. Any hiring or other employment-related decisions
will be made by the hiring affiliate in accordance with the law of the country
where the job will be located.
Minors The Careers Site is not intended for minors under the age of 18.
Categories and Types of Personal Information We Collect We collect Personal
Information about you when you interact with NetApp or our service providers or
contractors in the context of exploring or applying for job openings
at jobs.netapp.com, submitting applications for employment, attending job fairs
or recruiting events, or otherwise engaging in employment and job application
activities with NetApp, including Individual Identifiers, Inferences, Employment
Records, Education information, Electronic Network Information, Geolocation
Data, audio, electronic, visual, or similar information, Professional and
Employment Related Information, and Sensitive Information Protected under Law.
* We will only collect this information where permitted by law.
* Any information you submit through the Careers Site must be true, complete
and not misleading. Submitting inaccurate, incomplete, or misleading
information may lead to a rejection of your application during the
application process or disciplinary action including immediate termination of
employment. In addition, it is your responsibility to ensure that
information you submit does not violate any third party’s rights.
* If you provide us with Personal Information of a reference or any other
individual as part of your application, it is your responsibility to obtain
the consent from that individual prior to providing that information to us.
* Providing Personal Information to us through the Careers Site is voluntary.
However, if you do not provide sufficient data, NetApp may be unable to
consider your employment application or, if you are hired, your subsequent
promotion, transfer, or relocation.
* The Careers Site is operated from the United States. Accordingly, any
Personal Information you submit to the Careers Site will be collected in the
United States.
Categories of Sources of Information Personal Information collected in the
Interactions with Job Applicants context is collected from Original Sources and
Third-Party Sources (such as LinkedIn and Indeed Career Builders), as well as
from your prior employers and educational institutions you attended.
Third-Party Sources & Potential Candidates. We may use automated systems to
enable us to find and recruit job candidates. These automated systems use
personal information collected from Original and Third-Party Sources to
determine whether an individual meets the requirements that apply for a specific
job vacancy. Based on this analysis, our recruiters will be provided with an
overview of the profiles that are potentially qualified for the relevant job and
they will assess these recommendations and make individualized assessments as to
applicant engagement and hiring.
Candidate Database. We may keep your Personal Information in our candidate
database, including updating the database from linked Third Party Sources, even
if you are not hired from your original application. If you do not wish us to
retain your Personal Information for future job opportunities, please contact us
at ng-privacy@netapp.com.
Other sources may include your references, prior employers and educational
institutions you attended.
Purpose for Collecting and Basis for Processing of Personal Information Personal
Information collected in the Interactions with Job Applicants context is used
solely for the purposes of identifying, evaluating, screening, recruiting, and
hiring candidates for employment and for business and commercial purposes
ancillary to those purposes, as permitted by applicable law. This may include:
* To process your application. We will engage in these activities to manage our
prospective contractual relationship with you, based on our legitimate
interests;
* To assess your capabilities and qualifications for a job. We will engage in
these activities to manage our prospective contractual relationship with you,
based on our legitimate interests;
* To conduct reference checks. We will engage in these activities to comply
with a legal obligation or based on our legitimate interests;
* To respond to your inquiries and communicate with you about your application,
and to send you information regarding the Careers Site and changes to our
terms and policies. We will engage in these activities to manage our
prospective contractual relationship with you;
* To comply with or monitor compliance with any applicable law or regulation.
We will engage in these activities to comply with a legal obligation or based
on our legitimate interests;
* To conduct background checks if we offer you a position. We will engage in
these activities to comply with a legal obligation or based on our legitimate
interests; and
* To preserve our other legitimate interests, for example, for administrative
purposes, aggregate management reporting, internal training, and as generally
required to conduct our business within NetApp and its affiliates.
If a Job Applicant’s application is successful and results in hiring, Personal
Information we collect in connection with the individual’s application can be
incorporated into our human resources system and used to manage the new-hire
process; any such information can become part of the individual’s employee file
and used for other employment-related purposes.
As discussed below, in certain cases we will ask questions about Sensitive
Personal Information Protected under Law for monitoring equal opportunity. We
can also inquire about criminal records. We will do so only where permitted by
applicable law. Otherwise, we ask that you avoid submitting data which may
qualify as Sensitive Personal Information protected under Law, except where such
data is legally required.
NetApp is an equal opportunity employer, which means we offer equal treatment to
all applicants. NetApp does not discriminate, either directly or indirectly, on
legally protected grounds: race, color, sex, gender identity, sexual
orientation, nationality, national origin, ethnic origin, religion, beliefs or
creed, age, disability, marital status, veteran status, or genetic information
in any area or recruitment.
We may aggregate and/or anonymize Personal Information so that it will no longer
be considered Personal Information. We do so to generate other data for our use,
which we may use and disclose for any purpose.
Third Party Advertisement NetApp does not use Personal Information collected in
the Interactions with Job Applicants context to provide advertisements regarding
goods and services.
MARKET RESEARCH
Categories and Types of Personal Information We Collect We may collect or
otherwise observe Personal Information from individuals in the market research
context, including Individual Identifiers, Inferences, Employment Records,
Education information, Geolocation Data, Audio, electronic, visual, or similar
information, Professional and Employment Related Information, and Sensitive
Information Protected under Law
Categories of Sources of Information Personal Information collected in the
Market Research context is collected from Original Sources, Third-Party Sources,
and Customer Sources.
OFFLINE
Categories and Types of Personal Information We Collect We may collect or
otherwise observe Personal Information from individuals offline, including
Individual Identifiers, Inferences, Employment Records, Education information,
Geolocation Data, Audio, electronic, visual, or similar information,
Professional and Employment Related Information, and Sensitive Information
Protected under Law.
Categories of Sources of Information Personal Information collected in the
Offline context is collected from Original Sources, Third-Party Sources, and
Customer Sources.
Third Party Advertisement We do not use third-party advertising companies to
serve advertisements based on Personal Information we collected Offline.
PURPOSE FOR COLLECTING AND BASIS FOR PROCESSING PERSONAL INFORMATION
Unless otherwise limited by the context in which it was collected, Personal
Information collected by NetApp is used for our legitimate business purposes,
including:
Accomplishing our business purposes
* For improving the content of the NetApp Platform, for example, by
incorporating information that is relevant to our clients;
* For preventing fraud or other illegal activities, such as willful attacks on
NetApp information technology systems or the NetApp Platform;
* For data analysis, for example, to improve the efficiency of the NetApp
Platform
* For audits, to verify that our internal processes function as intended and
address compliance with legal, regulatory or contractual requirements;
* For developing new products and services;
* For enhancing, improving, or modifying our current products and services;
* For identifying usage trends, for example, understanding which parts of the
NetApp Platform are of most interest to users;
* For determining the effectiveness of our promotional campaigns, so that we
can adapt our campaigns to the needs and interests of our users;
* For operating and expanding our business activities, for example,
understanding which parts of the NetApp Platform are of most interest to our
users so we can focus our energies on meeting our users’ interests.
* For identifying candidates for employment.
We engage in these activities to manage our contractual relationship with you,
to comply with a legal obligation, and/or because we have a legitimate interest.
Providing the functionality of the NetApp Platform and fulfilling your requests
* To send administrative information to you, such as changes to our terms,
conditions and policies and to notify customers about updates to the NetApp
Platform;
* To respond to your inquiries and fulfill your requests, when you contact us
via one of our online contact forms or otherwise, for example, when you
request to be registered for an event or a NetApp training course;
* To process your orders, and provide you with related customer service;
* To help you manage your Community, Support and/or NOW accounts, at your
request;
* To allow you to send messages to another person through the Services if you
choose to do so.
We will engage in these activities to manage our contractual relationship with
you and to comply with a legal obligation.
Providing you with our newsletter and/or other marketing materials and
facilitating social sharing
* To contact you for marketing and sales purposes, including notifications
related to product enhancements, warranties, and renewals, that are related
specifically to customer needs and interests;
* To contact you about a NetApp offer in support of your business needs or to
conduct online surveys to better understand our customers’ needs;
* To facilitate social sharing functionality that you choose to use.
We will engage in these activities to manage our contractual relationship with
you, to comply with a legal obligation, or with your consent.
Analysis of Personal Information for business reporting and providing
personalized services
* To analyze or predict our users’ preferences in order to prepare aggregated
trend reports on how our digital content is used, so we can improve our
Websites and Services;
* To better understand you, so that we can personalize our interactions with
you and provide you with information and/or offers tailored to your
interests, such as by displaying targeted advertising that might be tailored
to your interests;
* To better understand your preferences so that we can deliver content via our
Websites and Services that we believe will be relevant and interesting to
you.
We will provide personalized services either with your consent or because we
have a legitimate interest.
Allowing you to participate in surveys, contests, or other promotions
* To offer you the opportunity to participate in surveys, contests or other
promotions. Some of these promotions have additional rules containing
information about how we will use and disclose your Personal Information.
We use this information to manage our contractual relationship with you.
Aggregating and/or anonymizing Personal Information
* We may aggregate and/or anonymize Personal Information so that it will no
longer be considered Personal Information. We do so to generate other data
for our use, which we may use and disclose for any purpose.
CATEGORIES OF THIRD PARTIES WITH WHOM WE SHARE PERSONAL INFORMATION
Unless otherwise limited by the context in which it was collected, Personal
Information collected by NetApp can be disclosed to our subsidiaries for the
purposes described in this Privacy Policy. NetApp, Inc. is the party responsible
for the management of the jointly-used Personal Information.
NetApp uses third-party service providers and subprocessors to provide services
on our behalf and may share Personal Information with them to assist them in
providing these services. These can include providers of services such as
website hosting, data analysis, payment processing, order fulfillment,
information technology and related infrastructure provision, customer service,
email delivery, auditing, and other services. We also may share Personal
Information with channel partners or resellers if you inquire about our products
or services typically fulfilled through channel partners or resellers. These
channel partners or resellers may also use this information to inform you about
third-party products or services that may be of interest.
If you use communities, blogs, or chat rooms on NetApp Services, you should be
aware that any Personal Information you submit there can be read, collected, and
used by other users of these forums, and could be used to send you unsolicited
messages. You may also elect to disclose Personal Information through your
social sharing activity.
The following chart details the categories of Personal Information we have
disclosed for our operational business purposes in the preceding 12 months.
Categories of personal information Disclosed to which categories of third
parties for operational business purposes Individual identifiers Our
subsidiaries; third-party service providers; channel partners Inferences Our
subsidiaries; third-party service providers Customer records Our subsidiaries;
third-party service providers; channel partners Education information Our
subsidiaries; third-party service providers Commercial information Our
subsidiaries; third-party service providers; channel partners Electronic network
information Our subsidiaries; third-party service providers; channel partners
Geolocation data Our subsidiaries; third-party service providers; channel
partners Audio, electronic, visual, or similar information Our subsidiaries;
third-party service providers Professional and employment related information
Our subsidiaries; third-party service providers; channel partners Sensitive
information protected under law Our subsidiaries; third-party service providers
HOW YOU CAN ACCESS, CHANGE OR DELETE YOUR PERSONAL INFORMATION
Personal Information may be accessed, changed/corrected, or deleted directly by
through the context it was collected. For example, Personal Information
collected in the Products and Services context can be accessed, changed, or
deleted through the features and functionality of the Products and Services, and
Personal Information collected in the Interactions with Job Applicants context
may be accessed, changed, or deleted through the job application tools. In the
event, however, you cannot access, change/correct, or delete Personal
Information through the context in which it was collected, or if you would like
to restrict the use of your Personal Information, object to the processing of
your Personal information or request to receive an electronic copy of your
Personal Information for purposes of transmitting it to another company (to the
extent this right to data portability is provided to you by applicable law), you
may contact us at ng-privacy@netapp.com write to us at the address at the end of
this document, or via our Site Feedback form. We will respond to your request
consistent with applicable law.
In your request, please make clear what Personal Information you would like to
have changed, whether you would like to have your Personal Information
suppressed from our database or otherwise let us know what limitations you would
like to put on our use of your Personal Information. For your protection, we may
only implement requests with respect to the Personal Information associated with
the particular email address that you use to send us your request, and we may
need to verify your identity before implementing your request. We will try to
respond to your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping
purposes and/or to complete any transactions that you began prior to requesting
a change or deletion (e.g., when you make a purchase, you may not be able to
change or delete the Personal Information provided until after the completion of
such purchase).
We may exempt certain Personal Information from requests pursuant to applicable
data protection laws or other laws and regulations.
THIRD PARTY ADVERTISEMENT
Unless otherwise limited by the context in which it was collected, we use
third-party advertising companies to serve advertisements regarding goods and
services that may be of interest to you, including when you access and use
social media.
You may receive advertisements based on information relating to your access to
and use of the Websites and other websites or online services, including social
media platforms, on any of your devices, as well as on information received from
third parties. These companies place or recognize a unique cookie on your
browser (including through the use of pixel tags). They also use these
technologies, along with information they collect about your online use, to
recognize you across the devices you use, such as a mobile phone and a laptop.
This is in addition to any advertisement that a third-party social media
provider may provide. Please review third party social media privacy policies
for their advertisement and privacy policies.
If you would like more information about this practice, and to learn how to opt
out of it in desktop and mobile browsers on the particular device on which you
are accessing this Privacy Policy, please
visit optout.aboutads.info and optout.networkadvertising.org.
OTHER USES AND DISCLOSURES
We also use and disclose your Personal Information as necessary or appropriate,
especially when we have a legal obligation or legitimate interest to do so:
* To comply with applicable law.
* This can include laws outside your country of residence
* To respond to requests from public and government authorities
* These can include authorities outside your country of residence.
* To cooperate with law enforcement.
* For example, when we respond to law enforcement requests and orders.
* For other legal reasons.
* To enforce our terms and conditions; and
* To protect our rights, privacy, safety or property, and/or that of our
subsidiaries, you or others.
* In connection with a sale or business transaction.
* We have a legitimate interest in disclosing or transferring your Personal
Information to a third party in the event of any reorganization, merger,
sale, joint venture, assignment, transfer or other disposition of all or
any portion of our business, assets or stock (including in connection with
any bankruptcy or similar proceedings) Such third parties may include, for
example, an acquiring entity and its advisors.
COLLECTION OF OTHER INFORMATION
If we are required to treat Other Information as Personal Information under
applicable law, then we may use and disclose it for the purposes for which we
use and disclose Personal Information as detailed in this Privacy Policy.
COMMUNICATIONS OR UTILIZATION INFORMATION
Through your use of telecommunications services to access the NetApp Platform,
your communications data (e.g. Internet protocol (“IP”) address) or utilization
data (e.g. information on the beginning, end and extent of each access, and
information on the telecommunications services you accessed) are technically
generated. Your IP address is automatically assigned to your computer by your
Internet Service Provider. An IP address may be identified and logged
automatically in our server log files whenever a user accesses the NetApp
Platform, along with the time of the visit and the page(s) that were visited.
Collecting IP addresses is standard practice and is done automatically by many
websites, applications and other services. We use IP addresses for purposes such
as calculating usage levels, diagnosing server problems and administering the
NetApp Platform. We may also derive your approximate location and your company
from your IP address.
INFORMATION COLLECTED AUTOMATICALLY THROUGH YOUR BROWSER OR DEVICE
When you access the NetApp Platform, we may automatically collect information
such as: type of Internet browser and operating system used, domain name of the
Web site from which you came, number of visits, average time spent on the site,
pages viewed. We use this information to ensure the NetApp Platform function
properly, monitor the relevancy of the NetApp Platform and improve their
performance or content.
“COOKIES” - INFORMATION STORED AUTOMATICALLY ON YOUR COMPUTER
A cookie is a piece of Electronic Network Information that is stored on your
computer’s hard drive by your Web browser. When you revisit www.netapp.com, our
server recognizes the cookie, giving us information about your prior visits.
Most browsers accept cookies automatically, but you can alter the settings of
your browser to prevent automatic acceptance. If you choose not to receive
cookies, you can still use most of the features of the NetApp Platform,
including ordering items. We do not currently respond to browser do-not-track
signals.
We work with companies, such as Adobe, that use third-party cookies and Web
beacons to collect anonymous information that helps us measure and improve our
content and advertising effectiveness. Adobe collects and analyzes anonymous
usage and volume statistical information from our users. We also use Google
Analytics, which uses cookies and similar technologies to collect and analyze
information about use of the NetApp Platform and report on activities and
trends. This service may also collect information regarding the use of other
websites, apps and online resources. You can learn about Google’s practices by
viewing their Privacy & Terms, and exercise the opt out offered by NetApp Cookie
Policy.
CLEAR GIFS (WEB BEACONS, WEB BUGS)
We employ a software technology called clear gifs (also known as Web beacons or
Web bugs) along with other technologies such as e-tags, and JavaScript that help
us better manage content on our site by informing us what content is effective.
Clear gifs are tiny graphics with a unique identifier, similar in function to
cookies that are used to track the online movements of Web users. In contrast to
cookies, which are stored on a user’s computer hard drive, clear gifs, which are
about the size of a period, are embedded invisibly on Web pages. For detailed
information regarding NetApp’s use of Clear Gifs and other technologies, please
refer to the NetApp Cookie Policy.
ADOBE FLASH TECHNOLOGY (INCLUDING FLASH LOCAL SHARED OBJECTS (“FLASH LSOS”)) AND
OTHER SIMILAR TECHNOLOGIES
We may use Flash LSOs and other technologies to, among other things, collect and
store Electronic Network Information about your use of the NetApp Platform. If
you do not want Flash LSOs stored on your computer, you can adjust the settings
of your Flash player to block Flash LSO storage using the tools contained in the
Website Storage Settings Panel. You can also go to the Global Storage Settings
Panel and follow the instructions (which may explain, for example, how to delete
existing Flash LSOs (referred to as “information”), how to prevent Flash LSOs
from being placed on your computer without your being asked, and how to block
Flash LSOs that are not being delivered by the operator of the page you are on
at the time). Please note that setting the Flash Player to restrict or limit
acceptance of Flash LSOs may reduce or impede the functionality of some Flash
applications.
USES AND DISCLOSURES OF OTHER INFORMATION
We may use and disclose Other Information for any purpose, except where we are
required to do otherwise under applicable law. In some instances, we may combine
Other Information with Personal Information. If we do, we will treat the
combined information as Personal Information as long as it is combined.
RETENTION PERIOD
We will retain your Personal Information for as long as needed or permitted in
light of the purpose(s) for which it was obtained and consistent with applicable
law.
The criteria used to determine our retention periods include:
* The length of time we have an ongoing relationship with you and provide the
NetApp Platform to you (for example, for as long as you have an account with
us or keep using the NetApp Platform);
* Whether there is a legal obligation to which we are subject (for example,
certain laws require us to keep records of your transactions for a certain
period of time before we can delete them); or
* Whether retention is advisable in light of our legal position (such as in
regard to applicable statutes of limitations, litigation or regulatory
investigations).
MINORS
No services on the NetApp Platform are directed to individuals under the age of
sixteen (16), and we do not knowingly collect Personal Information from
individuals under sixteen (16).
SECURITY
NetApp uses reasonable and appropriate technical and organizational security
measures to protect Personal Information within our organization. Unfortunately,
no data transmission or storage system can be guaranteed to be 100% secure. If
you have reason to believe that your interaction with us is no longer secure,
please immediately notify us in accordance with the “Questions and Comments”
section below.
THIRD PARTY WEB SITES AND THE NETAPP PLATFORM
The NetApp Platform may contain links to other Web sites or services. NetApp is
not responsible for the privacy, information or other practices of third
parties, including any third party operating any website or service to which the
NetApp Platform links, or for the content of other Web sites. The inclusion of a
link on the NetApp Platform does not imply endorsement of the linked site or
service by us or by our subsidiaries.
CROSS-BORDER TRANSFERS
Your Personal Information may be stored and processed in any country where we
have facilities or in which we engage service providers, and by using the NetApp
Platform you understand that your information will be transferred to countries
outside of your country of residence, including the United States, which may
have data protection rules that are different from those of your country. In
certain circumstances, courts, law enforcement agencies, regulatory agencies or
security authorities in those other countries may be entitled to access your
Personal Information
If you are located in the EEA: Some of the non-EEA countries are recognized by
the European Commission as providing an adequate level of data protection
according to EEA. For transfers from the EEA to countries not considered
adequate by the European Commission, we have put in place adequate measures such
as Binding Corporate Rules to protect your Personal Information. You may obtain
a copy of these Binding Corporate Rules by viewing them online or by
contacting ng-privacy@netapp.com
SENSITIVE INFORMATION
Except as noted in specific contexts, we do not collect and ask that you not
send us, and you not disclose, any sensitive Personal Information (e.g., social
security numbers, information related to racial or ethnic origin, political
opinions, religion or other beliefs, health, biometrics or genetic
characteristics, criminal background or trade union membership) on or through
the NetApp Platform or otherwise to us.
UPDATES TO THIS PRIVACY POLICY
EAs the Internet, technology and our systems mature, so will our Privacy Policy.
We will post changes to our Privacy Policy on this page. Your use of the NetApp
Platform following these changes means that you accept the revised Privacy
Policy. Please check this page regularly to keep up-to-date.
CALIFORNIA RESIDENTS
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), if you are a
California resident, you have the right to make the following requests:
1. Request to Know
* You may request that we disclose to you the following information covering
the 12 months preceding your request:
* The categories of Personal Information we collected about you and the
categories of sources from which we collected such Personal Information;
* The specific pieces of Personal Information we collected about you;
* The business or commercial purpose for collecting (if applicable)
Personal Information about you; and
* The categories of Personal Information about you that we otherwise
shared or disclosed, and the categories of third parties with whom we
shared or to whom we disclosed such Personal Information (if
applicable).
2. Request to Delete
* You may request that we delete Personal Information we collected from you.
To make a Request to Know or a Request to Delete, please contact us
at ng-privacy@netapp.com, +1 877 263 8277 or through any of the other methods
listed under the Questions and Comments resources.
We will verify and respond to your request consistent with applicable law,
taking into account the type and sensitivity of the Personal Information subject
to the request. We may need to request additional Personal Information from you,
such as email address, state of residency, or mailing address, in order to
verify your identity and protect against fraudulent requests. If you maintain a
password-protected account with us, we may verify your identity through our
existing authentication practices for your account and require you to
re-authenticate yourself before disclosing or deleting your Personal
Information. If you make a Request to Delete, we may ask you to confirm your
request before we delete your Personal Information.
You have the right to be free from unlawful discrimination for exercising your
rights under the CCPA.
We do not sell and have not sold Personal Information within the preceding 12
months, as “sale” is defined in the CCPA. We do not sell the Personal
Information of minors under age 16.
Authorized Agents
If you want to make a request as an authorized agent on behalf of a California
resident, you may use the submission methods noted above. As part of our
verification process, we may request that you provide, as applicable:
* Proof of your registration with the California Secretary of State to conduct
business in California;
* A power of attorney from the California resident pursuant to Probate Code
sections 4000-4465;
* Written permission that the California resident has authorized you to make a
request on the resident’s behalf. This permission must be signed (via
physical or e-signature) by the California resident.
If you are making a Request to Know or a Request to Delete on behalf of a
California resident and have not provided us with a power of attorney from the
resident pursuant to Probate Code sections 4000-4465, we may also require the
resident to:
* Provide you with a written permission signed by the resident to make the
Request to Know or Request to Delete on the resident’s behalf;
* Verify the resident’s own identity directly with us;
* Directly confirm with us that the resident provided you permission to submit
the Request to Know or Request to Delete.
QUESTIONS AND COMMENTS
NetApp, Inc., located at 1395 Crossman Ave., Sunnyvale, CA 94089, is the company
responsible for collection, use and disclosure of your Personal Information
under this Privacy Policy.
If you have any questions or comments about this Privacy Policy, or would like
to request information required to be disclosed under global privacy laws,
please send us your questions and feedback. You can contact us
at ng-privacy@netapp.com or at the following address:
NetApp, Inc.
3060 Olsen Drive
San Jose, CA 95128
We can be reached via the Web, by telephone at +1 877 263 8277
If you are located in the EEA, you also may lodge a complaint with a data
protection authority for your country or region, or where an alleged
infringement of applicable data protection law occurs
HELPFUL LINKS
PRIVACY POLICY
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NETAPP GENERAL TERMS AND CONDITIONS
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COMMUNITIES TERMS OF USE
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NETAPP SLAVERY AND HUMAN TRAFFICKING STATEMENT
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ACCESSIBILITY
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