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COMMVAULT PRIVACY POLICY
Effective Date: June 8th, 2021
Commvault Systems, Inc. and all its entities, subsidiaries, branches,
representative offices, affiliates and other Commvault group companies
(“Commvault” or “we”) respect your privacy.
This Privacy Policy provides information for our customers, partners, suppliers
and other individuals and organisations that we may have a business relationship
with about how we collect, use and share personal information.
Data Controller
Commvault Systems, Inc. is headquartered in Tinton Falls, New Jersey, United
States but we have offices around the world. To comply with applicable data
protection laws, Commvault has implemented a global data protection program
based on requirements set forth by the EU General Data Protection Regulation
2016/679 (“GDPR”). Where required, we comply with other applicable data
protection laws.
With regards to the General Data Protection Regulation and other applicable data
protection laws the Commvault entity that is the data controller of your
personal data will depend on the situation in which the data has been collected.
The EU representative and the main establishment for all our EU affiliates for
purposes of compliance with the GDPR is:
Commvault Systems International BV
Papendorpseweg 75-79, 3528 BJ Utrecht, Netherlands
The personal data that we collect and our basis for processing
Personal data is any information that can be used to directly or indirectly
identify an individual, and may include your name, address, email address, phone
number, contact preferences, electronic identifiers, IP address and other.
Commvault will use your personal data based on:
* Our legitimate business interests: For example, in connection with direct
marketing or service improvement. Where we rely on this basis, we carry out a
legitimate business assessment to ensure that our business interests do not
override your rights. In some cases, you may have the right to object to this
use of your personal information. For more information please read the ‘Your
Rights’ section of this Privacy Policy.
* Contract: Where it is necessary in connection with a product or service, we
are providing to you. For example, we may process personal information to
establish a contract for goods or services between you and Commvault, or to
send you invoices for ordered goods or services.
* Legal obligation: Where it is reasonably necessary for compliance with a
legal obligation to which we are subject to e.g. tax laws, export control
compliance or to exercise or defend the legal rights.
* Consent: If we are not relying on another basis for processing your personal
information, we will seek your consent prior to any use of your personal
data. A clear request for your consent will be presented to you and you will
have the ability to withdraw your consent at any time.
Except for certain information that is required by law or by Commvault’s
policies, your decision to provide any personal data to us is voluntary. You
will therefore not be subject to adverse consequences if you do not wish to
provide us with your personal data. However, please note that if you do not
provide certain information, we may not be able to accomplish some or all of the
purposes outlined in this Privacy Policy, and you may not be able to use certain
services or which require the use of such personal data.
We collect personal data of our employees, potential employees, clients,
suppliers, business partners, shareholders, customers and
product/service/website users. If the data we collect is not listed in this
Privacy Policy, we will give individuals (when required by law) appropriate
notice of which other data will be collected and how they will be used.
We may collect personal data directly from you (e.g. when you interact with us)
or indirectly (e.g. from our business partners and/or commercially available
third-party sources).
The personal data categories we collect can include the following:
* Identification data: name and business contact details (such as email
address, mailing address, contact phone number, position, company)
* Transaction data: such as bank account credit or debit card details and
related personal data necessary for us to make and receive payments
* Your interactions with us: other information you choose to provide, such as
when you submit a recruitment application, inquiry or complaint, seek
customer support, respond to a survey , enter a contest or promotion, contact
our representatives or content of social media messages, posts, likes and
responses to and about Commvault
* Online behaviour and preferences data: information collected via cookies and
other tracking technologies such as IP address, device identifier, location
data, browser type and language, access times, other unique identifiers and
other technical data that may uniquely identify your device, system or
browser, as well as credentials such as your passwords, account history,
password hints, and similar security information used for authentication;
* Demographic information: such as your age, gender, country, interests, and
preferences, including preferences related to marketing and communications
* Audio-visual data: where applicable and legally permissible, we process CCTV
footage of our office areas or recordings of phone or video calls or chats
with us (e.g. during customer support interactions)
Our products and services are not directed at children.
How we use personal information
We may use your personal data to operate our business, provide our solutions and
for other legitimate purposes permitted by law. Some of the ways we may use your
information are illustrated below:
* To personalize the look and feel of our websites that you visit, to match
personal preferences that we have inferred from your use of the website and
to provide you with the appropriate local version of the website (see the
“Cookies” section for more information). For example, we may use web log
information, cookies or web beacons in ways that help us maintain some of
your site preferences. You may choose whether or not to allow cookies or web
beacons to track your browser preferences. To find out more about cookies,
please read the Cookies section of this Privacy Policy.
* To communicate with you regarding our products and services;
* To provide, maintain and enhance our products and services;
* To fulfil a contract, or take steps linked to a contract, with you or your
organisation;
* To provide you with technical support, troubleshooting or other similar
services;
* To process payments, billing and collection;
* To manage customer and partner relations;
* To manage our suppliers;
* To sell and market our products and services including conducting marketing
campaigns, to provide you with a newsletter subscription, to plan and host
events, online forums or webinars;
* To provide customer support;
* To carry out business analytics. For example we may process information in
the email header of business emails sent and received by us (including the
names of recipient and sender, date and time of the email) for the purposes
of evaluating our existing or prospective business relationship;
* To listen to a call recording for training, quality control or process
improvement purposes;
* To manage access to our premises and for physical security purpose;
* To detect security incidents, protect against malicious, deceptive,
fraudulent, or illegal activity;
* For internal purposes such as auditing, analysis, and research to improve our
products or services;
* To comply with and enforce applicable legal requirements (e.g. maintaining
records, tax law, immigration law, compliance checks, anti money laundering,
trade sanctions, whistleblowing, complying with data subject requests etc.),
relevant industry standards and Commvault’s policies; and
* To recruit and manage employment relationship (for specific information
regarding employment please refer to our Privacy Charter)
Providing information to others
We may need to share information about you:
* With other companies in the Commvault group, our partners, suppliers or
agents who perform services on our behalf, such as processing of orders,
providing customer support or providing advertising on the website;
* In response to a request for information from a competent authority if we
believe disclosure is in accordance with, or is otherwise required by any
applicable law, regulation or legal process with law enforcement bodies or
other third parties as necessary to comply with the law, including to meet
national security or law enforcement requirements;
* If we decide to re-organize or sell our global businesses we may need to
disclose your personal information in the course of this activity to
prospective purchasers; or
* If we otherwise notify you of the disclosure and you consent to it.
International data transfers
To offer you the best possible products and services and remain competitive in
our business, we may transfer data across Commvault’s affiliates in different
geographies and locations. Countries may have different laws and data protection
compliance requirements, with some providing more protection than others.
Commvault will take appropriate steps to ensure your personal data is handled as
described in this Privacy Policy. Where required, we comply with applicable
legal frameworks relating to the transfer of personal data. For example we only
make these transfers, where the EU has made an “adequacy decision” for the
country to which the data will be transferred or where we have put in place the
“appropriate safeguards” that the law requires such as signing EU Standard
Contractual Clauses.
Update: Following the invalidation of the Privacy Shield by the Court of Justice
of European Union, Commvault has withdrawn from Privacy Shield. As of June, 8th
2021 Commvault does no longer participate in or comply with Privacy Shield.
Following the withdrawal, Commvault shall however retain data collected and
transferred under Privacy Shield and will continue to apply the Privacy Shield
Principles to such data.
Keeping information secure
We employ information security specialists and invest significant resources on
technical and operational security measures to help us protect your personal
information from loss, misuse, unauthorised access, modification or disclosure.
However, we cannot be held responsible for unauthorised or unintended access
that is beyond our reasonable control.
Keeping your personal data
We keep records for as long as necessary to provide the relevant product or
service, and in accordance with applicable legal, tax and accounting
requirements. When your information is no longer required, we will ensure it is
destroyed in a secure manner.
Cookies
Our websites use cookies (which includes third-party cookies to support
analytics functionality) and other similar technologies to improve the user
experience.
You can check and adjust your cookie preferences by clicking the link below.
Cookie Preferences
Your rights
Your local law may provide rights regarding the use of your personal data. Where
the GDPR applies to personal data, it gives individuals resident in the EU
certain rights that they can exercise free of charge. These include the:
* Right to correct your personal information
* Right to access your personal data
* Right to data portability
* Right to object to use of personal data (for example, where we are using it
for direct marketing or our lawful basis is our legitimate interest)
* Right to restrict the use of your data in some circumstances
* Right to erasure in some circumstances
If you would like to assert one or more of these rights, please email or write
to us at the address set out in the Contact section of the Privacy Policy. We
will respond to your requests within applicable timeframes.
You may also unsubscribe from receiving our email marketing communications at
any time by following the “unsubscribe” instructions included in our
communication.
Complaints process
If you have a complaint about how we have handled your personal data, you may
contact us directly using the details below or you can contact the applicable
competent data protection authority.
Updates
We regularly review and update this Policy. If we make a change, we will post
the updated version on our site.
Contact
If you have any questions about this Policy, or would like to exercise your
rights with respect to your personal information, please contact our Global Data
Governance Officer via GDGO@commvault.com via or write to:
For U.S. and all locations other than EEA, UK and Switzerland:
Commvault Systems, Inc.
Attn: Legal Department & Global Data Governance Officer
1 Commvault Way
Tinton Falls, New Jersey 07724, United States.
For EEA, United Kingdom, Switzerland:
Commvault Systems International BV
Attn: Legal Department & Global Data Governance Officer
Papendorpseweg 75-79, 3528 BJ Utrecht, Netherlands
Commvault - English - United States
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