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* Application Performance Management
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1. Home
2. Legal
3. NETSCOUT Systems, Inc. Privacy Policy
NETSCOUT SYSTEMS, INC. PRIVACY POLICY
Last updated and effective: December 5, 2022
This Privacy Policy explains how information about you is collected, used,
disclosed and/or otherwise processed online and offline by NetScout Systems,
Inc. and its subsidiaries and affiliated companies (“NetScout”) (collectively,
“we”, “our” or “us”) when you:
* Use our website (www.netscout.com or the “Site”), mobile applications, online
products and services provided by us, or our maintenance and professional
services (collectively the “Services”);
* Request quotes, services, support, downloads, trials, white papers or
information;
* Place orders for products or Services or register for events or webinars;
* Apply for credit or financing;
* Participate in surveys, sweepstakes or other promotional activities online or
in any other venue;
* Subscribe to newsletters, programs, promotional emails or other materials;
* Contact us.
CHANGES TO THIS PRIVACY POLICY
To the extent permitted by applicable law, we reserve the right to change this
Privacy Policy from time to time. If we make material changes, we will notify
you by revising the “Last Updated and Effective” date and, in some cases, we may
provide you with additional notice (such as by adding a statement to our
homepage or by sending you a notification using contact information you have
provided). Your continued use of our Sites and Services or continued interaction
with us after the effective date of the revised Privacy Policy (or such other
act as specified in the revised Privacy Policy) will, to the fullest extent
permitted by applicable law, constitute your consent to those changes. However,
we will provide notice and obtain your consent (opt-in or opt-out) if required
by law. We encourage you to review this Privacy Policy whenever you access the
Sites and Services to stay informed about our personal information handling
practices, your rights regarding your personal information, and the ways you can
help protect your privacy.
GENERAL AUDIENCE
The Site is for general audiences and is not intended for use by anyone younger
than the age of 18. We do not knowingly collect personal information from
individuals younger than age 18.
COLLECTION OF INFORMATION
We collect information from you when you interact with us through our Sites or
Services, such as your name and contact information. Some of this information
may be considered personal information under various applicable laws. We
consider information that identifies you as a specific individual (such as your
name, phone number, and email address) to be personal information and we treat
additional information, such as IP addresses and cookie identifiers, as personal
information where required by applicable law. You may also provide demographic
information (your age or gender) and information about your interests and
preferences. If we combine other information with personal information, we will
treat it as personal information under this Privacy Policy. In addition, some
services on the Site allow you to pay online, and therefore require that you
supply us with information associated with your credit card, banking account, or
other accepted form of payment.
Note that we may de-identify personal information we have collected about you.
For example, we may use a mathematical process (commonly known as a hash
function) to convert information into a code. The code does not identify you
directly, but it may be used to connect your activity and interests.
California residents, please see the “Notice to California Residents” section
below for additional information on our information collection, use, and sharing
practices.
INFORMATION YOU PROVIDE TO US
We may ask you to provide certain information to us when you use the Sites or
Services. For example, you may provide personal information to us when you use
or access our Services, including any interactive areas of our Services,
participate in a contest or promotion, complete a product or Services-related
survey, sign up to receive one of our newsletters, communicate with us via
third-party social media sites, request customer support, or register to a
secure extranet site to obtain access to webinars, product information, support,
Services and training, or otherwise communicate with us. The types of
information we may collect include your name, email address, account username,
password and/or responses to security questions, address, phone number, device
and tool information related to your account (e.g., serial number and date
purchased), payment information, service activation codes, photographs, videos,
diagrams, notes, and any other information you choose to provide.
COMMUNITY FORUMS
NetScout’s Site may also provide online newsgroups, chat forums and blogs for
our users. Any information that you disclose in these forums could become public
information, which could be read, collected or used by other users. If you
choose to voluntarily disclose personal information, that information will be
considered public information and the protections of this Privacy Policy will
not apply. You should exercise caution when deciding to disclose your personal
information in such cases. Your use of our Site is also subject to the Terms of
Use. Please review the Terms of Use
(https://www.netscout.com/legal/terms-and-conditions/) for additional detail
regarding your use of our Site.
INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE THE SERVICES
When you access or use our Services, we may automatically collect certain
information, which could include personal information, such as:
* Log Information: We log information about your use of the Services, including
your Internet Protocol (“IP”) address, the type of browser you use, access
times, pages viewed, number of clicks, and the pages you visited before
navigating to our Services.
* Device Information: We collect information about the computer or mobile
device you use to access our Services, or information about certain NetScout
tools or devices you use, including the hardware model, MAC address,
operating system and version, unique device identifiers and mobile network
information.
* Network Information: We may collect information about your network, such as
information about connected devices, nodes, configurations, connection speeds
and network and application performance.
* Location Information: If you have given us your prior permission (or as
otherwise permitted pursuant to applicable law), we may collect information
about the location of your mobile device, or NetScout device or tool, each
time you access or use one of our mobile applications, devices or tools. We
may also be able to collect or infer your approximate location through
information we collect, such as an IP address. For more details, please see
“Your Choices” below.
* Usage Information: We, and our third-party service providers (including
advertisers and analytics providers), may use a variety of technologies that
automatically or passively collect certain usage information whenever you use
our Site, products and Services (“Usage Information”). Usage Information may
include the browser and operating system you are using, the URL or
advertisement that referred you to our Site, the search engine search terms
that led you to our Site (if applicable), and other information such as how
often the Site, products and/or Services are used, the duration and quality
of use, the types of use (e.g. data creation, storage, access, deletion),
calibration data, project configuration data and operator data.
* Information Collected by Cookies and Other Tracking Technologies: Cookies and
other tracking technologies such as web beacons/tags, local shared objects
(collectively, “Cookies”) are used to enhance your experience by allowing us
to tailor our content based on your interests and distinguish you from other
users of our Services.
* Cookies. Cookies consist of small files of letters and numbers that we store
on your browser or the hard drive of your device. Information collected by
Cookies may be tagged to your contact information, device information or
other personal information that you have provided to NetScout. For instance,
Cookies can contain information, such as your user ID or preferences, which
we use to personalize content, track the pages you’ve visited, or to save
your password so you do not have to re-enter it each time you visit our
Services. We use the following types of Cookies:
* Strictly Necessary Cookies. These are Cookies necessary to make our
Services function as intended. They include, for example, Cookies that
enable you to use a shopping cart.
* Functionality Cookies. These Cookies enable us to personalize our content
for you, greet you by name and remember your preferences (for example, your
choice of language or region). They may also be used to recognize you when
you return to our Services.
* Analytical/Performance Cookies. These Cookies allow us to recognize and
count the number of visitors to, and to see how visitors move around, our
Services. This helps us to improve the way our Services work, for example,
by ensuring that users are finding what they are looking for easily.
* Third-party Advertising Cookies. We may allow third parties to place
Cookies on your device for advertising and analytics purposes. For
information on how to opt-out of these cookies, click here
You can learn more about Cookies by visiting
https://en.wikipedia.org/wiki/HTTP_cookie; and opt-out of certain Cookies by
visiting your browser or device settings, including in some cases to prevent
their installation altogether. Although rejecting certain Cookies will not
interfere with your ability to interact with most of our Services, certain
functions and/or Services might be unavailable to you if you reject certain
Cookies.
NetScout uses and allows certain third-party Cookies on our Site to help us
understand what product information is of most interest to you, to send
advertisements tailored to your interests (interest-based advertising), and to
measure the effectiveness of such advertising and other information. These
third-party Cookies collect and analyze certain types of personal information,
including IP address, browser type, system language, screen resolution metrics,
ISP, pages visited and URLs of web pages that referred visitors to the Site, OS
version, Geo Location, time zone, date time stamp, time spent on pages, and
clickstream data session information and other similar information. The
third-party Cookies may collect such personal information on our Site and
combine the information collected with other information from other websites
and/or other online or mobile products and services you may use or visit.
Please see below for additional information on Third Party Analytics and
Advertising Companies and the tracking technologies they use and your choices.
* Web Beacons. We may also use web beacons (small graphic images or other web
programming code, also known as "1x1 GIFs" or "clear GIFs") and similar
technologies on our Sites and within our communications to you. Web beacons
can recognize certain types of information on your computer such as cookies,
the time and date a page is viewed, and a description of the page where the
web beacon is placed. Web beacons or similar technologies may be used for a
number of purposes, including, without limitation, to count visitors to the
Sites, to monitor how users navigate the Sites, to count how many e-mails
that were sent were actually opened or to count how many particular articles
or links were actually viewed and to improve your experience on the Sites,
including to provide you with content customized to your interests. Our web
beacons may collect some contact information (for example, the email address
associated with an email message that contains a web beacon).
* Embedded Scripts. An embedded script is programming code that is designed to
collect information about your interactions with the Sites, such as the links
you click on. The code is temporarily downloaded onto your device from our
web server or a third-party service provider, is active only while you are
connected to the Sites and is deactivated or deleted thereafter.
DO NOT TRACK
Some Internet browsers may be configured to send “Do Not Track” signals to the
online services that you visit. There is no consensus among industry
participants as to what “Do Not Track” means in this context. Like many websites
and online services, we do not alter our practices when we receive a “Do Not
Track” signal from a visitor’s browser, except as specifically required by law.
To find out more about “Do Not Track,” please visit www.allaboutdnt.com.
USE OF INFORMATION
Where we need specific consent to a form of processing under applicable law,
such as the collection of personal information regarding your location, or the
use of your personal information for marketing, we will obtain such consent in
the manner described in this Privacy Policy or as otherwise required by law.
We may use your personal information as follows:
* To provide, maintain and improve our products and Services or otherwise for
internal business purposes;
* To provide and deliver the products and Services you request, process
transactions and send you related information, including confirmations and
invoices;
* To resolve technical issues related to products and Services, and send you
technical notices, updates, security alerts and support and administrative
messages;
* To respond to your comments, questions and requests, and provide customer
service;
* To communicate with you about products, services, offers, free trials,
surveys, contests, promotions, rewards and events offered by us and others
regarding the Services, and provide news and information we think will be of
interest to you, including through electronic communications with your
consent or where otherwise permitted by applicable law; (please see “Your
Choices” below);
* To monitor and analyze trends, usage and activities in connection with our
products, Services and related tools and those of third parties, with your
consent or where otherwise permitted by applicable law;
* To personalize and improve our products and Services, and provide
advertisements, content or features that match your user profile(s) or
interests, with your consent or where otherwise permitted by applicable law;
* To process and deliver contest entries and rewards;
* To link or combine with information we get from others to help understand
your needs and provide you with better service, with your consent or where
otherwise permitted by applicable law; and
* To carry out any other purpose which is compatible with the purpose for which
the information was collected or otherwise as disclosed to you at the time
you provide your information or with your consent.
In order to process your personal information, we may rely on your consent, our
legitimate interest in customizing and providing our products and Services, and
the need to process your personal information in order to provide our products
and Services to you, as our legal basis (where required) for collecting your
personal information.
CROSS BORDER TRANSFERS
Your personal information will be stored at our offices or on our servers and
those of our Service Providers (defined below), which may be in the United
States or other countries which may not have a level of data protection law
equivalent to that of your country. With respect to data transfers from the
European Economic Area (“EEA”) and the United Kingdom to the US and other
non-EEA jurisdictions, we may rely on the European Union Model Clauses, binding
corporate rules or other approved cross-border transfer mechanisms approved by
the European Commission and/or the need to process your personal information in
order to provide the requested products and Services (performance of a contract)
to transfer your personal information. As permitted by applicable law, you may
request details about the suitable safeguards we have in place by contacting us
using the contact details in the Contacts Section.
SHARING OF INFORMATION
NetScout may share non-personal information, which may include Usage Information
and hashed, aggregated or otherwise de-identified data, with third parties.
NetScout does not share your personal information with unaffiliated third
parties for their own marketing purposes without your consent (which may consist
of offering you the opportunity to either opt-in or opt-out of such sharing). We
may share the information we have collected about you, including personal
information, as disclosed at the time you provide us with information or with
your consent, and as described below or elsewhere in this Privacy Policy – all
as permitted by applicable law.
WHEN YOU CONSENT TO SHARING OR REQUEST THAT WE SHARE YOUR INFORMATION
We may share your personal information with your consent or at your direction,
such as through an external application programming interface (“API”). The Site
may also contain registration forms or other features that provide you the
ability to opt-in or opt-out of sharing information about you with one or more
third parties. If you agree at that time to have your personal information
shared, your personal information will be disclosed to that third party (or
parties) and will be subject to the privacy policy and practices of that third
party. We are not responsible for the privacy policies and practices of third
parties, and, if you later decide that you no longer want to receive
communications from a third party, you will need to contact that third party
directly. You also may request, sometimes through your use of an interactive
feature, a widget or third-party application, that we share information about
you or your use of the Sites with a third party, and we will typically do so
under those circumstances.
THIRD PARTY SERVICE PROVIDERS
NetScout contracts with business partners, suppliers, service providers,
authorized third-party agents or contractors (“Service Providers”) in order to
provide requested products, Services or transactions, including processing
orders, processing credit card transactions, hosting websites, hosting event and
seminar registrations, and providing customer support. NetScout may share
personal information with its Service Providers (or allow them to collect
information from or about you) to the extent needed to deliver the products or
Services or respond to requests for information on products or Services or
otherwise support your business needs or interests. In these instances, they may
contact you directly regarding such products or services. We will only provide
these Service Providers with the minimum amount of personal information
necessary to complete the requested service or transaction and we require that
they treat personal information consistent with the terms contained in this
Privacy Policy. Unless otherwise dictated by law or agreement, NetScout is not
responsible for any improper use by such Service Providers.
AFFILIATES AND SUBSIDIARIES
We may share your personal information with our affiliates and subsidiaries
worldwide for data processing or storage purposes, or as otherwise outlined in
this Privacy Policy.
DISTRIBUTORS, RESELLERS AND OTHER PARTNERS
We may share your personal information with distributors, resellers, channel
partners and others in connection with the sale and marketing of products and
services offered by NetScout or on behalf of NetScout with your prior permission
or where otherwise permitted by applicable law (please see “Your Privacy Rights”
below for more information about your choices with respect to this type of
sharing).
ADMINISTRATIVE OR LEGAL REASONS
We may share your personal information in response to a request for information
if we believe disclosure is in accordance with any applicable law, regulation or
legal process, if we believe your actions are inconsistent with the spirit or
language of our user agreements or policies, or to protect our rights, property
and safety and the rights, property and safety of others, or as otherwise
required or permitted by any applicable law, rule or regulation.
SWEEPSTAKES, CONTESTS AND PROMOTIONS
We may share your personal information in connection with sweepstakes, contests
or other promotions that may require registration and otherwise in connection
with administration of such promotion, including winner selection, prize
fulfillment or as specified in the promotion’s official rules and share your
personal information that may be collected.
Where necessary in connection with, or during negotiations of (including due
diligence), any merger, sale of company assets, financing or acquisition of all
or a portion of our business to another company, subject to our taking such
further steps as may be required by applicable law.
THIRD PARTY ANALYTICS PROVIDERS AND ADVERTISING COMPANIES
The Site may contain content served by third parties, including videos and
advertisements, and we work with third party service providers to serve NetScout
advertisements elsewhere online. In connection with serving content and
providing analytics and advertising services, third parties may collect certain
information about your visits to this or other web sites, and we may receive
information regarding the use of the Sites and the effectiveness of our
advertisements. These third parties may set and access their own tracking
technologies on your device (including cookies and web beacons) and may
otherwise collect or have access to information about your visits to and
activity on the Service as well as other web sites or online services. Some of
these parties may collect personal information from you over time when you visit
the Site.
Cookies and web beacons used by us and on the Site, including those set by third
party network advertisers, may be used to, among other things, target
advertisements, prevent you from seeing the same advertisements too many times
and to conduct research regarding the usefulness of certain advertisements to
you. We may share Usage Information about visitors with third party advertising
companies, analytics providers and other third parties for similar purposes.
While we may use a variety of service providers to perform advertising and
analytics services, some of these companies are members of the Network
Advertising Initiative ("NAI”) or the Digital Advertising Alliance ("DAA")
Self-Regulatory Program for Online Behavioral Advertising. You may want to visit
https://www.networkadvertising.org/managing/opt_out.asp, which provides
information regarding targeted advertising and the "opt-out" procedures of NAI
members. You may also want to visit or https://www.aboutads.info/choices/, which
provides information regarding targeted advertising and offers an “opt-out” by
participating companies in the DAA Self-Regulatory Program. To learn more and
make choices about interest-based advertisements from participating third
parties in jurisdictions outside of the United States, please visit the Canadian
DAA online choice page at https://youradchoices.ca/choices/, the European DAA
online choice page at https://youronlinechoices.eu and Australian DAA online
choice page at https://www.youronlinechoices.com.au/opt-out/.
For mobile apps, you may be able to limit certain advertising practices using
the settings on your phone, tablet or other mobile device. Also, on most mobile
devices, you can install the DAA's AppChoices app to make choices about
cross-app interest-based advertisements from participating third parties. You
may review additional information on opting out of mobile devices at
https://www.networkadvertising.org/mobile-choice/.
Please note opting out through these mechanisms does not opt you out of being
served advertising. You will continue to receive generic ads while online.
If you are a California resident, please see our “Notice to California
Residents” section below regarding additional rights you have, including how to
exercise your “Do Not Sell” right.
SOCIAL SHARING FEATURES
The Services may offer social sharing features and other integrated tools (such
as the Facebook “Like” button, and the LinkedIn and Twitter “Follow” buttons),
which let you share actions you take on our Services with other media, and vice
versa. The use of such features enables the sharing of information with your
friends or the public, depending on the settings you establish with the entity
that provides the social sharing feature. Doing so may allow us to collect (or
the third party to share) information about you, including without limitation
personal information. We may also receive information about you if other users
of social media give us access to their profiles and you are one of their
“connections.” The information we collect is subject to this privacy policy. For
more information about the purpose and scope of data collection and processing
in connection with social sharing features, please visit the privacy policies of
the entities that provide these features. We accept no responsibility for the
privacy practices of these entities.
If you choose to use our referral service to tell a friend about a page on
netscout.com, we will ask you for your friend’s name and email address, which we
understand you are authorized to provide. We will automatically send your friend
a one-time email inviting him or her to visit the Site. NetScout does not store
this information.
THIRD PARTY CONTENT AND LINKS TO OTHER SITES
Third parties may host or serve certain content on the Site. The Site may also
contain links to third party web sites or features that NetScout does not
control. Third parties whose content appears on the Sites may collect
information about you through the use of their own cookies and web beacons, may
independently collect or solicit personal information, and may have the ability
to track your use of their sites and services. Likewise, NetScout widgets or
other NetScout content may be included on third parties’ web pages and web sites
that are not associated with NetScout and over which we have no control.
NetScout may collect Usage Information through NetScout content appearing on
third-party sites.
NetScout is not responsible for the privacy practices employed by any third
party, and our hosting of third-party content, linking to third party websites,
or the appearance of NetScout content on third party websites does not
constitute sponsorship or endorsement of the content or business practices of
those third parties.
SECURITY
The security of your personal information is very important to NetScout. We have
in place physical, administrative, and technical safeguards designed to protect
your personal information. In addition, NetScout uses standard security
protocols and mechanisms to exchange the transmission of sensitive information,
such as credit card details.
While we strive to protect your personal information, we cannot ensure the
security of the information you transmit. We recommend you take every precaution
in protecting your personal information when you are on the Internet. For
example, change your passwords often, use a combination of letters and numbers
when creating passwords, and use a secure browser.
CHANGING YOUR PREFERENCES AND ACCESS, UPDATING OR DELETING YOUR PERSONAL
INFORMATION
If you choose to not provide certain personal information, you may not be able
to proceed with the activity or receive the benefit for which the personal
information is being requested.
You can always unsubscribe or choose your preferred method of communication from
us by following the specific instructions in the email you receive or by
notifying us or using the Communications Preference Center. You may also choose
to opt out of NetScout contacting you for marketing purposes by email, postal
mail, fax and/or phone by sending an email to MBdataprivacy@netscout.com, by
calling us at 1-800-357-7666, or writing to us at 310 Littleton Road, Westford,
MA 01866. If you opt out, we may still send you non-marketing communications,
such as those about your account or our ongoing business relations. In countries
where required by law, NetScout will offer you the opportunity to opt-in before
promotional materials are sent to you. This will not apply to the receipt of
mandatory communications that are considered part of certain NetScout Services,
which you may receive periodically unless you cancel the Service.
You are responsible for maintaining the accuracy of the information you submit
to us, such as your contact information. NetScout strives to keep your personal
information accurate. We have implemented technology, management processes and
policies to maintain personal information integrity. We will provide you with
access to your personal information when reasonable, or in accordance with
relevant laws, including making reasonable effort to provide you with online
access and the opportunity to change your personal information. To protect your
privacy and security, we will take steps to verify your identity before granting
access or making changes to your personal information. Requests to delete
personal information are subject to any applicable legal and ethical reporting
or document retention obligations. To request access, deletion and/or correction
of your information, you can do so by logging into your online account or
emailing us at MBdataprivacy@netscout.com, or by contacting us by phone at
1-800-357-7666, 978-614-4000, or mail at NetScout Systems, Inc., Data Privacy
Office, 310 Littleton Road, Westford, MA, USA, 01866. When contacting us, please
provide your name, title, company name, and email address. Your request will be
answered within a reasonable timeframe, consistent with applicable law. Please
note that we may charge a small fee for complying with the above requests where
permitted by applicable law. In addition to the above rights, depending on your
location, you may have the right to lodge a complaint with your local data
protection authority.
California residents, please see our “Notice to California Residents” section
below for additional information about California privacy rights.
THIRD PARTY MARKETING OPT-OUT
As described above, we may share personal information with third parties for
marketing purposes in relation to our products and Services with your prior
permission or where otherwise permitted by applicable law. To opt out of having
your personal information shared in this way, please contact us at
MBdataprivacy@netscout.com.
California residents, please see our “Notice to California Residents” section
below for additional information about California privacy rights.
ACCOUNT INFORMATION
If you wish to deactivate or delete your account, please email us at
MBdataprivacy@netscout.com, but note that we may retain certain personal
information as required by law or for legitimate business purposes. We may also
retain cached or archived copies of personal information for a reasonable
period.
California residents, please see our “Notice to California Residents” section
below for additional information about California privacy rights.
LOCATION INFORMATION
As described above, we may collect location information when you use certain
NetScout devices or tools. You may choose not to share location information
through the account settings on your device. If you deactivate the collection of
location information, certain features of our devices or tools may no longer
function.
PUSH NOTIFICATIONS/ALERTS/SMS OR MMS MESSAGES
With your consent, we may send push notifications or alerts to your mobile
device for updates and communications related to the Services. You can
deactivate these messages at any time by changing the notification settings on
your mobile device. If you sign up to receive SMS or MMS messages that may be
offered on the Site, you may unsubscribe from any text messages received by
replying “STOP”.
RETENTION
We will retain your personal information in accordance with our data retention
policies and for as long as we feel necessary for our business purposes, unless
otherwise required by law or you request that we delete it.
EUROPEAN RESIDENTS
Depending on your country of residence, you have certain rights under applicable
data protection laws in the European Economic Area (EEA), the United Kingdom,
and Switzerland, including the General Data Protection Regulation, the UK Data
Protection Act 2018, and the Swiss Federal Data Protection Act. Similar laws
apply in several other countries.
Under these data protection laws, you can access information about you and
update or correct it. In some cases, you can also ask us to erase it, restrict
or stop processing, or provide data in a “portable” form, if feasible. You may
withdraw consent (“opt out”) if you have previously consented to any particular
use of your information, such as receiving marketing emails or text messages.
For all such requests, contact MBdataprivacy@netscout.com.
If you reside in the EEA, United Kingdom, or Switzerland, you have the right to
make a complaint to your national data protection supervisory authority.
PRIVACY SHIELD
NetScout Systems, Inc. and all of its U.S. affiliates and subsidiaries,
including but not limited to: Arbor Networks, Inc.; NetScout Systems Federal
Corp.; NetScout Systems Security Corp.; NetScout Systems Texas, LLC.; and
Newfield Wireless (collectively, “NetScout,” “we,” “our” or “us”) complies with
the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as
set forth by the U.S. Department of Commerce regarding the collection, use, and
retention of personal information transferred from the European Union and
Switzerland to the United States. NetScout Systems, Inc. has certified to the
Department of Commerce that it adheres to the Privacy Shield Principles. If
there is any conflict between the terms in this privacy policy and the Privacy
Shield Principles, the Privacy Shield Principles shall govern. To learn more
about the Privacy Shield program, and to view our certification, please visit
https://www.privacyshield.gov/
We are responsible for the processing of personal information we receive under
these Privacy Shield Frameworks and subsequently transfer to a third party
acting as an agent on our behalf. We comply with the Privacy Shield Principles
for all onward transfers of personal information from the EU, UK, and
Switzerland. We remain liable under the Privacy Shield Principles if third-party
agents that we engage to process personal data on our behalf do so in a manner
inconsistent with the Principles, unless we prove that we are not responsible
for the event giving rise to the damage.
In certain situations, we may be required to disclose personal information in
response to lawful requests by public or government authorities, including to
meet national security or law enforcement requirements. With respect to personal
data received or transferred pursuant to the Privacy Shield Frameworks, NetScout
is subject to the regulatory enforcement powers of the U.S. Federal Trade
Commission.
Pursuant to the Privacy Shield Frameworks, EU, UK, and Swiss individuals have
the right to obtain our confirmation of whether we maintain personal information
relating to you in the United States. Upon request, we will provide you with
access to the personal information that we hold about you. You may also correct,
amend, or delete the personal information we hold about you. An individual who
seeks access, or who seeks to correct, amend, or delete inaccurate data
transferred to the United States under Privacy Shield, should direct their query
to MBdataprivacy@netscout.com. If requested to remove data, we will respond
within a reasonable timeframe.
We will provide an individual opt-out choice, or opt-in for sensitive data,
before we share your data with third parties other than our agents, or before we
use it for a purpose other than which it was originally collected or
subsequently authorized. To request to limit the use and disclosure of your
personal information, please submit a written request to
MBdataprivacy@netscout.com.
NetScout has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
https://bbbprograms.org/privacy-shield-complaints/ for more information and to
file a complaint. This service is provided free of charge to you.
If your complaint involves human resources data transferred to the United States
from the EU, UK, and/or Switzerland in the context of the employment
relationship, and NetScout does not address it satisfactorily, NetScout commits
to cooperate with the panel established by the EU data protection authorities
(DPA Panel), UK Information Commissioner’s Office, and/or the Swiss Federal Data
Protection and Information Commissioner, as applicable and to reasonably comply
with the advice given by the DPA panel and/or Commissioner, as applicable with
regard to such human resources data. To pursue an unresolved human resources
complaint, you should contact the state or national data protection or labor
authority in the appropriate jurisdiction. Contact details for the EU data
protection authorities can be found at
https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
Complaints related to human resources data should not be addressed to the BBB EU
PRIVACY SHIELD.
If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction
In the event of the withdrawal of the United Kingdom from the European Union,
NetScout will continue to protect personal data transferred from the United
Kingdom in conformance with applicable law and the Privacy Shield Principles
unless and until the latter are replaced by a supervening agreement between the
United States and United Kingdom.
CONTACT US
If you have questions regarding our compliance with this Privacy Policy please
contact us by making a written submission to Data Privacy Office, 310 Littleton
Road, Westford, MA, USA, 01866 or send an email to MBdataprivacy@netscout.com.
NOTICE TO CALIFORNIA RESIDENTS
CALIFORNIA PRIVACY NOTICE
This California Privacy Notice is effective as of December 1, 2022
This notice supplements NetScout’s privacy policy and applies only to California
residents. This notice provides you with necessary information about the
personal information we collect from you, how this information may be used by
NetScout, your privacy rights, and NetScout’s obligations in accordance with the
California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy
Rights Act of 2020 (“CPRA”).
Categories of Information We Collect
In the preceding 12-months, we have collected the following categories of
personal information:
Category Examples Retention Period Identifiers A real name or alias; postal
address; unique personal identifier; online identifier; Internet Protocol
address; email address; account name, or other similar identifiers. Any business
contact data of our prospective or actual customers’ employees is kept while
actively used for business purposes unless or until a consumer requests
deletion. Personal information categories listed in the California Customer
Records statute (Cal. Civ. Code § 1798.80(e)) Signature, address, telephone
number, employment.
Some personal information included in this category may overlap with other
categories. Any business contact data of our prospective or actual customers’
employees is kept while actively used for business purposes unless or until a
consumer requests deletion. Internet or other similar network activity Browsing
history, search history, information on a consumer's interaction with a website,
application, or advertisement. Any browsing history on netscout.com is kept
while actively used for business purposes unless or until a consumer requests
deletion.
Any browsing history on mynetscout.com is kept for 7 years.
Please note that the following is not personal information: (i) “Aggregated
information” that relates to a group or category of consumers, from which
consumer identities have been removed, that is not linked or reasonably linkable
to any consumer or household, including via a device; (ii) “Deidentified
information” that cannot reasonably identify, relate to, describe, be capable of
being associated with, or be linked, directly or indirectly, to you, provided
that we have: (1) implemented technical safeguards that prohibit
reidentification of your information; (2) implemented business processes that
specifically prohibit reidentification of the information; (3) have business
processes to prevent inadvertent release of deidentified information; and (4)
make no attempt to reidentify the information; and (iii) information that is
publicly available from government records.
SOURCES OF THE INFORMATION WE COLLECT
We obtain the categories of personal information listed above from the following
categories of sources:
Directly from you. For example, you may provide personal information to us when
you use or access our Services, including any interactive areas of our Services,
participate in a contest or promotion, complete a product or Services-related
survey, sign up to receive one of our newsletters, communicate with us via
third-party social media sites, request customer support, or register to a
secure extranet site to obtain access to webinars, product information, support,
Services and training or otherwise communicate with us.
Indirectly from you. For example, through information we collect from consumers
in the course of providing Services to them. When you use or access our
Services, we may automatically collect certain information which could include
personal information, such as:
* Log Information: We log information about your use of the Services, including
your Internet Protocol (“IP”) address, the type of browser you use, access
times, pages viewed, number of clicks, and the pages you visited before
navigating to our Services.
* Device Information: We collect information about the computer or mobile
device you use to access our Services, or information about certain NetScout
tools or devices you use, including the hardware model, MAC address,
operating system and version, unique device identifiers and mobile network
information.
* Network Information: We may collect information about your network, such as
information about connected devices, nodes, configurations, connection speeds
and network and application performance.
* Location Information: If you have given us your prior permission (or as
otherwise permitted pursuant to applicable law), we may collect information
about the location of your mobile device, or NetScout device or tool, each
time you access or use one of our mobile applications, devices or tools. We
may also be able to collect or infer your approximate location through
information we collect, such as an IP address. For more details, please see
“Your Choices” below.
* Usage Information: We, and our third-party service providers (including
advertisers and analytics providers), may use a variety of technologies that
automatically or passively collect certain usage information whenever you use
our Site, products and Services (“Usage Information”). Usage Information may
include the browser and operating system you are using, the URL or
advertisement that referred you to our Site, the search engine search terms
that led you to our Site (if applicable), and other information such as how
often the Site, products and/or Services are used, the duration and quality
of use, the types of use (e.g. data creation, storage, access, deletion),
calibration data, project configuration data and operator data.
* Information Collected by Cookies and Other Tracking Technologies: Cookies and
other tracking technologies such as web beacons/tags, local shared objects
(collectively, “Cookies”) are used to enhance your experience by allowing us
to tailor our content based on your interests and distinguish you from other
users of our Services.
From third-parties that interact with us in connection with the services we
perform including to provide marketing materials.
HOW WE USE YOUR PERSONAL INFORMATION
We may use or disclose personal information we collect for one or more of the
following operational or other notified purpose (“business purpose”):
* To fulfill or meet the reason for which the information is provided.
* To provide you with information, products or services that you request from
us.
* To provide you with email alerts, event registrations or other notices
concerning our products or services, or events or news, that may be of
interest to you.
* To improve our website and present its contents to you.
* To detect security incidents, protecting against malicious, deceptive,
fraudulent, or illegal activity, and prosecuting those responsible for that
activity.
* To respond to law enforcement requests and as required by applicable law,
court order, or governmental regulations.
* As described to you when collecting your personal information.
We will not collect additional categories of personal information or use the
personal information we collected for materially different, unrelated, or
incompatible purposes without providing you notice.
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We disclose your personal information to a third party for a business purpose or
commercial purpose. When we disclose personal information for a business or
commercial purpose, we enter a contract that describes the purpose and requires
the recipient to keep that personal information confidential and not to use it
for any purpose except performing the contract.
In the preceding 12-months, we have disclosed the following categories of
personal information for a business or commercial purpose:
* Identifiers
* California Customer Records personal information categories
We disclose your personal information for a business or commercial purpose to
the following categories of third-parties:
* Our third-party service providers
YOUR RIGHTS AND CHOICES
This section describes your rights and choices regarding how we collect, share,
use, and protect your personal information, how to exercise those rights, and
limits and exceptions to your rights and choices. Please note that these rights
are not absolute, and we may be entitled to refuse requests, wholly or partly,
where exceptions under applicable law apply
Rights to Know, Access and Data Portability
You have the right to request that we disclose certain information to you about
our collection and use of your personal information over the past 12 months from
the date we receive your request. Once we receive and confirm your request and
verify that the request is coming from you or someone authorized to make the
request on your behalf, we will disclose to you or your representative:
* The categories of personal information we collected about you.
* The categories of sources for the personal information we collected about
you.
* Our business or commercial purpose for collecting that personal information.
* The categories of third parties to whom we disclosed the category of personal
information for a business or commercial purpose.
* The business or commercial purpose for which we disclosed the category of
personal information.
* The specific pieces of personal information we collected about you in a form
that you can take with you (also called a “data portability request”).
Right to Delete
Inc certain circumstances, you have the right to request the erasure of your
personal information. Upon verifying the validity of a deletion request, we will
delete your personal information from our records, and instruct any service
providers or third parties to delete your information, when applicable.
Right to Correct / Right to Rectification
In certain circumstances, you have the right to request correction of inaccurate
personal information. Upon verifying the validity of a verifiable correction
request, we will use commercially reasonably efforts to correct your personal
information as directed, taking into account the nature of the personal
information and the purposes of maintaining your personal information.
Exercising Your Rights
If you are a California resident, you can exercise any of your rights as
described in this notice and under applicable privacy laws by using the contact
information provided in this notice. We will not discriminate against you for
exercising such rights. Except as described in this notice or provided for under
applicable privacy laws, there is no charge to exercise your legal rights.
However, if your requests are manifestly unfounded or excessive, in particular
because of their repetitive character, we may:
* Charge a reasonable fee taking in account the administrative costs of
providing the information or taking the action requested; or
* Refuse to act on the request and notify you of the reason for refusing the
request.
You may only make a verifiable consumer request for access or data portability
twice within a 12-month period.
VERIFYING CONSUMER REQUESTS
When you make a request to us, we will ask for information to allow us to match
our records. When we have reasonable doubts concerning the identity of the
person making the request, we may request additional information necessary to
confirm their identify. Making a verifiable consumer request does not require
you to create an account with us.
RESPONSE TIMING AND FORMAT
We endeavor to respond to a verifiable consumer request within 45 days of its
receipt. If we require more time (up to 90 days), we will inform you of the
reason and extension period in writing.
Any disclosures we provide will cover the 12-month period preceding the
verifiable consumer request’s receipt. The response we provide will also explain
the reasons we cannot comply with a request, if applicable. For data portability
requests, we will select a format to provide your personal information that is
readily useable and should allow you to transmit the information from one entity
to another entity without hindrance.
OPT-OUT OF THE SALE OF PERSONAL INFORMATION
If you are a California resident and would like to opt out of the sale or
sharing of personal information, please use the following link: Do Not Sell or
Share My Personal Information.
Under CPRA, sale of personal information means, “selling, renting, releasing,
disclosing, disseminating, making available, transferring, or otherwise
communicating orally, in writing, or by electronic or other means, a consumer’s
personal information by the business to a third party for monetary or other
valuable consideration.”
We do not sell your personal information for monetary consideration.
Under CPRA, sharing of personal information means, “sharing, renting, releasing,
disclosing, disseminating, making available, transferring, or otherwise
communicating orally, in writing, or by electronic or other means, a consumer’s
personal information by the business to a third party for cross-context
behavioral advertising, whether or not for monetary or other valuable
consideration, including transactions between a business and a third party for
cross-context behavioral advertising for the benefit of a business in which no
money is exchanged.”
LIMIT THE USE OF SENSITIVE PERSONAL INFORMATION
If you are a California resident and would like to limit the use of Sensitive
Personal Information, please use the following link: Limit the Use of Sensitive
Data.
Sensitive Personal Information is defined under the CPRA as personal information
that reveals:
* Social security number, driver’s license, state identification card, or
passport number
* Account login, financial account, debit card, or credit card number in
combination with any required security or access code, password, or
credentials allowing access to an account
* Precise geolocation
* Racial or ethnic origin, religious or philosophical beliefs, or union
membership
* Mail, email, and text message content, unless the business is the intended
recipient of the communication
* Genetic data
* Biometric information processed for the purposes of identifying a consumer
* Personal information collected and analyzed concerning a consumer’s health,
sex life, or sexual orientation.
LINK TO THIRD-PARTY WEBSITES
We may provide links to websites that are owned or operated by other companies
("third-party websites"). When you use a link online to visit a third-party
website, you will be subject to that website’s privacy and security practices,
which may differ from ours. You should familiarize yourself with the privacy
policy, terms of use and security practices of the linked third-party website
before providing any information on that website. We are not responsible for the
third-party website’s use, collection, sale or sharing of your personal
information.
CONTACT FOR MORE INFORMATION
If you have any questions or comments about this notice, the ways in which we
collect and use your personal information, your choices and rights regarding
such use, or wish to exercise your rights, you may contact us by calling
1-800-357-7666, writing us at NetScout Systems, Inc., Data Privacy Office, 310
Littleton Road, Westford, MA, USA 01886 or by emailing at
MBdataprivacy@netscout.com.
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