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GIGAMON PRIVACY POLICY
EFFECTIVE: 07.01.2020
Table of Contents
Applicability Of This Privacy Policy
Personal Data We Collect And Receive
How We Use Personal Data
Data Retention
How We Share And Disclose Personal Data
Security
Age Limitations
Changes To This Privacy Policy
International Data Transfers
Identifying The Data Controller And Processor
Your Rights
Your California Privacy Rights
Contact Us
Gigamon Privacy Policy
APPLICABILITY OF THIS PRIVACY POLICY
This Privacy Policy (“Policy”) describes how Gigamon Inc. and its subsidiaries
(collectively “Gigamon” or “we” or “our” “us”) collects, uses and discloses
Personal Data from users of our websites (www.gigamon.com,
www.community.gigamon.com, www.gigamoncp.force.com, etc. collectively
“Websites”), event participation, phone calls, emails, physical mail, job
applications, other business interactions and situations where Gigamon is the
data controller and from the use of Gigamon hardware, and software products, and
professional services where Gigamon is the data processor (collectively
“Offerings”). If required, we will provide separate or additional notices at the
time of collection. For purposes of this Policy, the terms “user,” “you,” and
“your” are meant to refer to the individuals (including individual personnel of
Customers or prospective Customers) about whom we may collect Personal Data, and
at times may be used within this Policy interchangeably. “Customer” refers to
the entity that purchases/uses our Offerings.
PERSONAL DATA WE COLLECT AND RECEIVE
We collect the following categories of data, which may contain Personal Data:
* Contact information and identifiers. If you create an account through our
Websites, engage with us through our webinars or other marketing
opportunities, purchase or use our Offerings, request support and maintenance
for our Offering, refer someone to us or are referred to us, or otherwise
contact us, we collect contact information from you and the company that you
represent (e.g., your name, title, organization, address, email address,
phone number, etc.), in addition to any attachments or additional information
you may have included in your communication.
* Order information. If your employer/our Customer purchases or uses our
Offerings, we collect payment and shipping information including billing
contact information, payment method, shipping address, shipping contact
information, etc.
* Cookies and online identifiers. If you engage with our Websites or Offerings,
we may collect a device identifier, an Internet Protocol address, Customer
number, unique pseudonym, or user alias. We may also use cookies and other
technologies such as pixel tags, mobile ad identifiers and web beacons to
collect Personal Data. A cookie is a small piece of data that may be stored
on your computer or mobile device. It allows a website to “remember” your
actions or preferences over a period of time. You can refuse non-essential
cookies by turning them off in your browser. For more information, you can
visit our Cookies Policy here.
* The Websites may also use:
* Marketo, a marketing automation tool by Marketo, Inc. to track interest in
our Websites and Offerings (“Marketo”). Marketo’s privacy policy is located
here.
* Clearbit, a indexing system that collects information from a variety of
sources in order to compile "Attribute Data" about corporations,
non-profits, and similar entities and the professionals that work for them
(“Clearbit”). Clearbit’s privacy policy is located here
* Adobe Experience Manager, Adobe Analytics, Adobe Target to perform analtics
on our Website (“Adobe”). Adobe’s privacy policy is located here
* Google Analytics, a web analytics service provided by Google, Inc.
(“Google”). Some webpages include a Google Custom Search box to enhance
your experience. Any queries that you submit through the use of a Google
Custom Search will be transmitted to Google. Google’s privacy policy is
located at
* LeadLander, a website visitor analytics service (“LeadLander”). Lead
Lander’s privacy policy is located here.
* Third party data. We may receive data about organizations, industries, lists
of companies that are our Customers or prospective customers, Website
visitors, marketing campaign recipients and others (including that of
individuals associated with such entities) related to our business from
parent corporation(s), affiliates and subsidiaries, channel partners, or
vendors. We use such data to make our own information more useful and market
our Offerings. For example, to understand how well an online marketing or
email campaign performed we may combine information we collect directly with
aggregate-level data, such as which IP addresses correspond to zip codes or
countries.
* Interactive features. Gigamon’s Websites and Offerings may include
interactive features (such as community forums) that allow you to disclose
Personal Datadirectly to others. Your participation in any such forum is
completely voluntary and should correlate with the degree of interaction you
want to have with other users. Please note that any Personal Data you
disclose on such forums will generally be publicly accessible.
* Information in connection with our products.
* Support and maintenance. In order to provide support and maintenance for
our products, our Customers may submit support tickets, which will include
Personal Data, such as the employee’s name and position who is opening the
support ticket.
* For more advanced support and maintenance troubleshooting, Customer may
provide network access to our support engineers or professional services
team, or transmit select packet capture data to our support team and as a
result we will have access to files and/or metadata associated with packets
traveling through the Customer’s network for the sole purpose of providing
support or delivering professional services. This data may contain domain,
file or user names, and depending on the naming conventions used by the
originator of the packet to which the metadata pertains, may include
Personal Data.
* Event/Usage Data. Gigamon’s SaaS products generate Event/Usage Data, which
consists of (a) metadata collected or produced during the course of
providing the products; (b) any statistical data about the functioning of
the products or Customer’s use of the products, and (c) any file, code or
data that is potentially malicious or harmful or that is potentially
related to unauthorized third parties, in each case as collected or
identified during the course of providing the products, which may include
without limitation, malware, spyware, viruses, worms, Trojan horses, URLs,
DNS data, network telemetry, and network packet data. The metadata will
contain source and destination IP addresses and to the extent that
Customer’s network environment has unique naming conventions or
configurations, the Event/Usage Data could potentially include Personal
Data.
You are not required to provide any Personal Data to Gigamon but if you do not
provide certain Personal Data to us, you may not be able to use our Websites or
Offerings and we may not be able to authenticate and assist you with your
inquiries or requests.
To the extent information is associated with an identified or identifiable
natural person and is protected as personal data under applicable data
protection laws, it is referred to in this Privacy Policy as “Personal Data.”
HOW WE USE PERSONAL DATA
We use Personal Data in furtherance of our and our Customers’ legitimate
interests in operating our Websites, Offerings and business. More specifically,
we use Personal Data:
* To provide, update, maintain and protect our Websites, Offerings, and
business. This includes use of Personal Data to support delivery and support
of the Offerings under a Customer agreement, to address security or technical
issues, analyze and monitor usage, trends and other activities.
* As required by applicable law, legal process or regulation.
* To communicate with our Customers by responding to support and maintenance or
other requests, comments and questions. If you contact us on behalf of a
Customer, we may use your Personal Data to respond.
* To develop and improve our Websites and Offerings.
* To send emails and other communications. We may send you service, technical
and other administrative emails, messages, and other types of communications.
We may also contact you to inform you about changes in Offerings that you
have purchased from us. These communications are considered part of the
Offering and you may not opt out of them.
* For direct marketing purposes we may send emails about new Websites or
Offerings, promotional communications or other news about Gigamon. These are
marketing messages so you can control whether you receive them. If you have
additional questions about a message you have received from Gigamon, please
reach out through the contact mechanisms described at the bottom of this
Policy.
* For employment purposes. If you submit an employment application, we will
use your Personal Data to administer and evaluate your application and
comply with obligations we have in relation to your application, including
confirming your eligibility to work in a given location.
* For billing, account management and other administrative matters. Gigamon may
need to contact you for invoicing, account management, and similar reasons
and we use your Personal Data to administer accounts and keep track of
billing and payments.
* To investigate and help prevent security issues and abuse.
If Personal Data is aggregated or de-identified so that it is no longer
reasonably associated with an identified or identifiable natural person, Gigamon
may use it for any business purpose.
DATA RETENTION
We generally retain Personal Data for as long as needed for the specific
business purpose or purposes for which it was collected. In some cases, we may
be required to retain Personal Data for a longer period of time based on laws or
regulations that apply to our business or for other necessary business
purposes.
HOW WE SHARE AND DISCLOSE PERSONAL DATA
We may share and disclose your Personal Data in the following scenarios:
* Upon your instruction.
* To our business partners such as system integrators, distributors, resellers
and channel partners, and our subsidiaries, so they can provide you with
information you have requested about one of our Websites or Offerings, or to
follow up on a sales lead.
* To our third-party service providers, who act on our behalf and instruction
to fulfill Offering obligations, provide IT, provide billings and corporate
functions, and to fulfill other purposes such as marketing and advertising.
* To a prospective or actual purchaser or seller in the context of a merger,
acquisition or other reorganization or sale of our business or assets.
* As required by applicable law, including, without limitation, in response to
any government or regulatory agency request, to cooperate with law
enforcement investigations, or upon receipt of any court order. To courts and
public authorities to protect you, us, or third parties from harm, including
fraud or instances where somebody’s physical safety is at risk.
* With your consent.
We may provide links to other third-party websites and services that are outside
our control and not covered by this Policy. We encourage you to learn about the
privacy practices of those third parties.
SECURITY
Taking into account the state of the art, the costs of implementation and the
nature, scope, context and purposes of processing as well as the risk of varying
likelihood and severity for the rights and freedoms of natural persons, we
implement physical, administrative and technical safeguards designed to protect
your Personal Data from unauthorized access, use or disclosure.
AGE LIMITATIONS
Gigamon Websites and Offerings are not intended for use by anyone younger than
16 years old. If you learn that anyone younger than 16 has unlawfully provided
us with Personal Data, please contact us and we will take steps to delete such
Personal Data.
CHANGES TO THIS PRIVACY POLICY
This Policy is effective as of July 1, 2020. We reserve the right to change,
modify, add or remove portions of this Policy from time to time and will provide
you with notice when significant updates are made or as required by applicable
law. We recommend that you regularly revisit this Policy to learn of any such
changes.
INTERNATIONAL DATA TRANSFERS
Gigamon may transfer your Personal Data to countries other than the one in which
you live.
* European Union Model Clauses. Gigamon relies on a formal decision by the
European Commission that a certain country ensures an adequate level of
protection for personal data by entering into appropriate data transfer
agreements based on language approved by the European Commission, such as the
Standard Contractual Clauses (2010/87/EC and/or 2004/915/EC), which are
available upon request from privacy@gigamon.com;
A copy of our standard data processing addendum, incorporating Model Clauses, is
available here: https://www.gigamon.com/data-protection-agreement.html
IDENTIFYING THE DATA CONTROLLER AND PROCESSOR
Data protection laws in certain jurisdictions differentiate between “controller”
and “processor” of Personal Data.
If you are using our Websites, the data controller is the Gigamon.
If you are communicating with the personnel of a Gigamon entity in-person or via
phone, email or physical mail regarding a billing or order matter or a marketing
communication, the data controller is the Gigamon entity with whom you are
communicating.
In situations in which Personal Data is processed by Gigamon in connection with
our products or professional services, including in connection support and
maintenance for a Gigamon product, the data controller is the Customer and
Gigamon is the data processor.
Where Gigamon Inc. is the controller of your Personal Data, as described above,
you can reach us at: 3300 Olcott Street, Santa Clara, CA 95054, or our toll free
number: (855) 430-0813, or privacy@gigamon.com.
If you are using our products, data protection roles and obligations are
outlines in our standard data processing addendum here:
https://www.gigamon.com/data-protection-agreement.html.
YOUR RIGHTS
If you are receiving our commercial email communications and no longer wish to
receive them, please click on the “opt-out” link in the communication or please
contact us at privacy@gigamon.com.
Individuals located in certain countries, including the European Economic Area
and the United Kingdom, have certain statutory rights in relation to their
Personal Data. Subject to any exemptions provided by law, you may have the right
to request access to Personal Data, as well as to seek to update, delete or
correct this Personal Data or have such Personal Data transferred to you in a
commonly machine readable format. You also have the right to restrict or object
to our processing of your Personal Data, subject to lawful exemptions. You can
exercise your rights by emailing privacy@gigamon.com.
Individuals located in certain countries, including the European Economic Area
and the United Kingdom, subject to applicable law, also have the right to lodge
a complaint with your local data protection authority. If you are a resident of
the United Kingdom and believe we maintain your Personal Data within the scope
of the applicable laws relating to Personal Data in the United Kingdom, you may
direct questions or complaints to privacy@gigamon.com or to the UK supervisory
authority, Information Commissioner’s Office.
To the extent that Gigamon’s processing of your Personal Data is subject to the
General Data Protection Regulation (or applicable laws covering the processing
of Personal Data in the United Kingdom), Gigamon relies on the legal basis of
its or its Customer's legitimate interests to process your Personal Data.
Gigamon may also process your Personal Data for direct marketing purposes, and
you have a right to object to Gigamon’s use of your Personal Data for direct
marketing purposes at any time by please clicking on the “opt-out” link in the
communication or contacting us at privacy@gigamon.com.
YOUR CALIFORNIA PRIVACY RIGHTS
This section provides additional details about the personal information we
collect about California consumers and the rights afforded to them under the
California Consumer Privacy Act or “CCPA.”
For more details about the personal information we have collected over the last
12 months, including the categories of sources, please see the Personal Data We
Collect And Receive section above. We collect this information for the business
and commercial purposes described in the How We Use Personal Data section
above. We share this information with the categories of third parties described
in the How We Share and Disclose Personal Data section above. Gigamon does not
sell (as such term is defined in the CCPA) the personal information we collect
(and will not sell it without providing a right to opt out). Further, Gigamon
does not provide financial incentive or discounting in exchange per your
personal information. Please note that we do use third-party cookies for our
advertising purposes as further described in our Cookie Policy.
Subject to certain limitations, the CCPA provides California consumers the right
to request to know more details about the categories or specific pieces of
personal information we collect (including how we use and disclose this
information), to delete their personal information, to opt out of any “sales”
that may be occurring, and to not be discriminated against for exercising these
rights.
California consumers (or their authorized agent) may make a request pursuant to
their rights under the CCPA by contacting us at privacy@gigamon.com or calling
our toll free number: (855) 430-0813. We will verify your request using the
information associated with your account, including email address. Government
identification may be required. Consumers can also designate an authorized agent
to exercise these rights on their behalf.
CONTACT US
Please feel free to contact us with any comments, questions, complaints or
suggestions you might have regarding our privacy practices described in this
Policy. You may send us an e-mail at: privacy@gigamon.com, write to Gigamon
Inc., ATTN: Privacy Office/Legal Department: 3300 Olcott Street, Santa Clara,
California 95054, or us call using this toll free number: (855) 430-0813.
If you have an unresolved privacy or data use concern that we have not addressed
satisfactorily, please contact our U.S.-based third party dispute resolution
provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
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