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SILVER PEAK PRIVACY POLICY

(Effective May 1, 2021)

Silver Peak Systems, Inc. ("Silver Peak", "we", "us" or "our") values the
privacy of those who provide personal information to us


SUMMARY

This privacy policy describes the information identifying you that we collect,
how we use this information, with whom it is shared, and how it is stored.
Typically, we collect customer data in order to provide the products and
services that customers purchase or request from us, including without
limitation the cloud portal and the Silver Peak Unity Orchestrator™. For
example, we may capture email addresses so that a customer can check the status
of their software or open a case with our tech support team. We collect visitor
data through our website in order to understand and improve our website content,
as well as maintain a secure computing environment. We collect marketing data in
order to respond to inquiries about our products and services and provide access
to the latest topical information that potential customers might be interested
in. When we collect this data, we do so in compliance with this privacy policy,
which describes how we handle the data we collect in more detail. This policy
also describes other important topics relating to information privacy like
security and compliance.

Please read this privacy policy carefully to understand how we handle your
personal information.

By accessing or browsing www.silver-peak.com (our "Website") and/or using any of
the services that we provide to you or you access, you confirm that you have
read and understood the entirety of this privacy policy.

About Silver Peak

Information Collection

Use of Information

Disclosure of Information

Retention of Information

Your Rights

Transfer of Information

Security

Third-Party Websites

Cookies

Changes to Our Privacy Policy

Making a Complaint

Contact Us


1. ABOUT SILVER PEAK

1.1 The following Silver Peak companies collect, process, transfer and store in
accordance with this privacy policy: Silver Peak Systems, Inc. 2860 De La Cruz
Blvd, Santa Clara, CA 95050 (USA).

1.2 You can contact us by phone at: +1 888 343 2860, by post at: Silver Peak
System, Inc., 2860 De La Cruz Blvd., Santa Clara, CA 95050 or by email at:
privacy@silver-peak.com.

1.3 With respect to personal information transferred from the Europe Economic
Area (“EEA”), UK or Switzerland to Silver Peak Systems Inc, we will process
personal information in accordance with applicable privacy laws.

1.4 The General Data Protection Regulation (GDPR) grants EU residents greater
protections over what personal information is used, as well as how, and for how
long. This Privacy Policy was implemented with GDPR in mind. Silver Peak’s
commitment is to comply with the GDPR in its current state and evolves. Specific
questions related to GDPR compliance may be directed to privacy@silver-peak.com.


2. INFORMATION COLLECTION

We may collect and process any of the following information about you and we
refer to this as “personal information” throughout this policy:

2.1 Information you give us. You may give us information about yourself by using
the online forms provided on the Website or by contacting us by phone, e-mail or
other means. This includes, for example, filling in our 'Contact Us' form on our
Website or when you provide your information to us in order to receive our
services. By providing this information to us, you agree it will be processed in
compliance with applicable privacy laws.


THE INFORMATION YOU GIVE US MAY INCLUDE:

 1. your name;
 2. your job title;
 3. company name;
 4. e-mail address;
 5. your telephone number;
 6. account information;
 7. your company's address;
 8. any updates to information provided to us.

Please note that we need certain types of information so that we can provide
services to you. If you do not provide us with such information, or ask us to
delete it, you may no longer be able to access our services.

2.2 Information we may collect about you. Each time you visit the Website we may
automatically collect any of the following information

 1. technical information, including the Internet protocol (IP) address used to
    connect your computer to the internet, domain name and country which
    requests information, the files requested, browser type and version, browser
    plug-in types and versions, operating system and platform; and
 2. information about your visit, including the full Uniform Resource Locators
    (URL) clickstream to, through and from our site (including date and time),
    length of visits to certain pages, page interaction information (such as
    scrolling, clicks, and mouse-overs) and methods used to browse away from the
    page.

2.3 Information we may receive from other sources.

 1. We will receive information about you if you obtain our services through one
    of our resellers. The types of information that we may receive are the same
    as the information that you may give to us detailed in section 2.1 above.
 2. We will receive information about you if you use any of the other websites
    we operate or the other services we provide. In this case, we will have
    informed you when we collected that data that it may be shared internally
    and combined with data collected on the Website. We work closely with third
    parties (including, for example, advertising networks, analytics and search
    information providers) and may receive information about you from them.


3. USE OF INFORMATION

3.1 We, or third party data processors acting on our behalf, collect, use and
store the personal information listed above to enable you to receive services
for which you or your company have entered into a contract with us and/or
because it is in the legitimate interests of Silver Peak to handle your personal
information. More specifically, we collect, use and store our personal
information for the following reasons:

 1.  to allow you to access and use the Website and to register for an account;
 2.  to provide you with the information and services that you request from us;
 3.  to carry out activities for business purposes and in the legitimate
     interests of Silver Peak, for example, pursuing debt, ensuring the security
     of and measuring interest and engagement in our services and Website,
     undertaking research for technological development, improving, upgrading or
     enhancing our services, and debugging to identify and repair errors;
 4.  to verify your identity in order to prevent and detect money laundering,
     fraud and security incidents;
 5.  to provide customer support services
 6.  to detect, prevent and address technical issues.
 7.  to carry out statistical analysis and market research;
 8.  for marketing, advertising and promotional purposes including short-term,
     transient use, such as contextual customization of ads;
 9.  to notify you about changes to our services and to keep you informed about
     our fees and charges;
 10. to manage job applications;
 11. for auditing relating to interactions, transaction and other compliance
     activities; and
 12. with your consent only, to contact you (including by email or post) with
     information about our products and services which either you request, or
     which we feel will be of interest to you.

3.2 We will also collect details about you as a user of the Website for the
purposes of improving and maintaining our Website, preparing reports or
compiling statistics in order to improve our services. Such details will be
anonymized as far as is reasonably possible and you will not be identifiable
from the data collected.


4. LEGAL BASIS FOR PROCESSING UNDER THE GDPR

4.1 If you are from the European Economic Area (“EEA”), UK or Switzerland Silver
Peak’s legal basis for Processing the personal information described in this
Notice depends on the personal information we collect and the specific context
in which we collect it.

4.2 We may process your personal information because:

 1. We need to perform a contract with you
 2. To provide information or services you requested
 3. You have given us your consent to process your personal information for the
    respective purposes
 4. To comply with our legal obligations

4.3 In addition, we may process your personal information on the basis of the
legitimate interest of Silver Peak in providing your information on our Websites
and to improve our Websites.


5. DISCLOSURE OF INFORMATION

5.1 We share the following categories of personal information:

 1. identifiers and contact information such as name, email address and
    telephone number; and
 2. internet or other electronic network activity such as browsing history,
    search history, information on a consumer’s interaction with an internet
    website, application or advertisement.

5.2 We will share your personal information with any company that is a member of
our group, which are listed at the start of this privacy policy.

5.3 We will share your personal information with the following categories of
third parties, including:

 1. our service providers and sub-contractors, including but not limited to
    payment processors, suppliers of technical and support services and cloud
    service providers;
 2. companies that assist us in our marketing, advertising and promotional
    activities;
 3. analytics and search engine providers that assist us in the improvement and
    optimization of our Website; and
 4. systems integrators and service providers who resell our services and
    products. Any third parties with whom we share your personal information are
    limited (by law and by contract) in their ability to use your personal
    information for any purpose other than to provide services for us. We will
    always ensure that any third parties with whom we share your personal
    information are subject to privacy and security obligations consistent with
    this privacy policy and applicable laws.

5.4 We will also disclose your personal information to third parties:

 1. if we sell or buy any business or assets, we may disclose your personal
    information to the prospective seller or buyer of such business or assets;
 2. if Silver Peak or substantially all of its assets are acquired by a third
    party, in which case personal information held by Silver Peak will be one of
    the transferred assets;
 3. if we are under a duty to disclose or share your personal information in
    order to comply with any legal obligation, any lawful request from
    government or law enforcement officials and as may be required to meet
    national security or law enforcement requirements or prevent illegal
    activity;
 4. in order to enforce or apply our terms and conditions or any other agreement
    or to respond to any claims, to protect our rights or the rights of a third
    party, to protect the safety of any person or to prevent any illegal
    activity; or
 5. to protect the rights, property, or safety of Silver Peak, our customers or
    other persons. This may include exchanging information with other
    organizations for the purposes of fraud protection and credit risk
    reduction.

5.5 Except as expressly detailed above, we will never share, sell or rent any of
your personal information to any third party without notifying you or, where
required by applicable law, obtaining your consent. Where you have given your
consent for us to use your information in a particular way, but later change
your mind, you should contact us, and we will stop doing so. We have not sold
consumer’s personal information in the preceding 12 months.


6. RETENTION OF INFORMATION

We retain personal information for as long as you use the services we provide
and then as required to comply with applicable laws.


7. YOUR RIGHTS

7.1 In the EEA and in certain other jurisdictions, you have certain data
protection rights. We take reasonable steps to allow you to correct, amend,
delete or limit the Processing of your personal information where required by
law.

7.2 Where required by law, you have the following data protection rights:

 1. Right of access. You have the right to obtain information as to whether we
    process your personal information and to receive a copy of your personal
    information retained by us as a Controller. In addition, you have the right
    to obtain certain information about how and why we process your personal
    information.
 2. Right to rectification. You have the right to have your personal information
    amended or rectified where it is inaccurate and to have incomplete personal
    information about you completed.
 3. Right to erasure. You have the right to erasure of your personal
    information, inter alia, in the following cases:
     * I. Your personal information is no longer necessary in relation to the
       purpose for which they were collected and processed;
     * II. Our legal grounds for the Processing of your personal information is
       consent, you withdraw your consent and we have no other legal ground for
       the Processing of your personal information;
     * III. Our legal grounds for the Processing of your personal information is
       that the Processing is necessary for legitimate interests pursued by us
       or a third party, you object to our Processing and we do not have any
       overriding legitimate grounds;
     * IV. Your personal information has been unlawfully processed
     * V. Your personal information must be erased to comply with a legal
       obligation to which we are subject.

 4. Right to restrict the Processing of your personal information. You have the
    right to restrict our Processing of your personal information in the
    following cases:
     * I. For a period enabling us to verify the accuracy of your personal
       information where you have contested the accuracy of such personal
       information;
     * II. Your personal information has been unlawfully processed and you
       request restriction of the Processing of your personal information
       instead of their erasure;
     * III. Your personal information is no longer necessary in relation to the
       purpose for which they were collected and processed but the personal
       information is required by you to establish, exercise or defend legal
       claims; or
     * IV. For a period enabling us to verify whether our legitimate grounds
       override your interests where you have objected to the Processing of your
       personal information.

 5. Right to object to the Processing. You have the right to object to our
    Processing of your personal information, inter alia, in the following cases:
     * I. Our legal grounds for the Processing is that the Processing is
       necessary for a legitimate interest pursued by us or a third party; or
     * II. Our Processing is for direct marketing purposes.

 6. Right to data portability. You have the right to receive your personal
    information which you have provided to us and you have the right that we
    send your personal information to another organization (or ask us to do so
    if technically feasible) where our lawful basis for the Processing is your
    consent, or where the Processing is necessary for the performance of our
    contract with you and the Processing is carried out by automated means.
 7. The right to withdraw consent. You also have the right to withdraw your
    consent at any time where Silver Peak Systems relied on your consent to
    process your personal information.

Please note that we may ask you to verify your identity before responding to
such requests.


8. CALIFORNIA PRIVACY RIGHTS

8.1 California Civil Code Section § 1798.83 entitles California residents to
request information concerning whether a business has disclosed personal
information to any third parties for the third parties’ direct marketing
purposes. To make such a request, please contact privacy@silverpeak.com. We will
respond by email within the time required by law.

8.2 You may contact us by email at privacy@silver-peak.com at any time, to
request that we:

 * a. update any personal information which is out of date or incorrect;
 * b. delete any personal information which we are holding about you;
 * c. restrict the way that we process your personal information;
 * d. provide your personal information to a third-party provider of services;
   or
 * e. provide you with a copy of any personal information which we hold about
   you.
 * f. cease processing your data subject to our legitimate interests as stated
   in Section 3c. We maintain the opportunity to demonstrate compelling
   legitimate grounds for the processing which override the interests, right and
   freedoms of the data subject or for the establishment, exercise or defense of
   legal claims, in which case we will be permitted to continue such processing.

We will consider all such requests and provide our response within the time
period stated by applicable law.

8.3 You have the right to ask us to not process your personal information for
marketing purposes. We will inform you (before collecting your personal
information) if we intend to use your personal information for such purposes or
if we intend to disclose your information to any third party for such purposes.
You can exercise your right to prevent such processing by checking certain boxes
on the forms we use to collect your personal information. Alternatively, you can
contact us by email at privacy@silver-peak.com at any time.

8.4 If you have previously given your consent to the use of your personal
information for marketing purposes, you can choose to stop receiving marketing
communications which we send to you from time to time by following the
unsubscribe instructions included in such communications. Alternatively, you can
opt out of such communications at any time by contacting us by email at
privacy@silver-peak.com.

8.5 You can choose to opt-out from your personal information being:

 * a. used for any purpose that differs from the purposes notified to you when
   we collected your personal information; or
 * b. disclosed to any third party.

8.6 If you would like to do this, please contact us by phone at: +1 888 343
2860, by mail at: Silver Peak System, Inc., 2860 De La Cruz Blvd., Santa Clara,
CA 95050 or by email at: privacy@silver-peak.com. Please note that opting-out
may prevent us from providing you with our services or information requested by
you.


9. TRANSFERS OF INFORMATION

9.1 If you are located outside of the United States, the personal information
that we collect from you will be transferred to, and stored in the United States
or another location outside of the EEA, UK or Switzerland. Any transfer of the
personal information to the United States or another location outside of the
EEA, UK or Switzerland will be in compliance with applicable privacy laws.

9.2 The personal information will also be processed by staff operating in the
United States or outside the EEA, UK or Switzerland working for us, other
members of our group or third party data processors. Such staff may be engaged
in, among other things, the provision of our services to you, the processing of
transactions and/or the provision of support services. By providing us with your
personal information you acknowledge any such transfer, storage and processing.

9.3 We will always take steps to ensure that such transfers comply with
applicable privacy laws and we will take all reasonable precautions to ensure
that your personal information is treated securely and in accordance with this
privacy policy.


10. SECURITY

10.1 Silver Peak is committed to protecting personal information from loss,
misuse, disclosure, alteration, unauthorized access and destruction and takes
all reasonable precautions to safeguard the confidentiality of personal
information. Although we make every effort to protect the personal information
which you provide to us, the transmission of data over the internet is not
completely secure. As such, you acknowledge and accept that we cannot guarantee
the security of your information transmitted to the Website and that any such
transmission is at your own risk. Once we have received your information, we
will use strict procedures and security features to prevent unauthorized access.

10.2 Consistent with applicable laws and requirements, including the GDPR,
Silver Peak has put in place appropriate physical, electronic, and
administrative safeguards to protect your personal information from loss,
misuse, alteration, theft, unauthorized access, or unauthorized disclosure. We
evaluate these safeguards on an ongoing basis to help minimize risks from new
security threats as they become known.

10.3 We restrict access to personal information to personnel and third parties
that require access to such information for legitimate, and relevant business
purposes. Our staff members, contractors and third parties who will have access
to personal information on our instructions will be bound to confidentiality and
we use controls to limit access to individuals that require such access for the
performance of their responsibilities and tasks.

10.4 Where we have given you (or where you have chosen) a password which enables
you to access your online account, you are responsible for keeping this password
confidential. We ask you not to share a password with anyone.


11. THIRD PARTY WEBSITES

11.1 The Website may, from time to time, contain links to websites operated by
third parties. Please note that this privacy policy only applies to the personal
information that we collect through this Website and we cannot be responsible
for personal information collected and stored by third parties. Third party
websites have their own terms and conditions and privacy policies, and you
should read these carefully before you submit any personal information to these
websites. We do not endorse or otherwise accept any responsibility or liability
for the content of such third party websites or third party terms and conditions
or policies.


12. COOKIES

12.1 Some pages on our Website use cookies, which are small files placed on your
internet browser when you visit our Website. We use cookies in order to offer
you a more tailored experience in the future, by understanding and remembering
your particular browsing preferences.

12.2 For detailed information on the cookies we use and the purposes for which
we use them, please refer to our cookies policy below. By continuing to use the
Website and/or our services, you are agreeing to our use of cookies as described
in our cookies policy.


13. CHILDREN’S INFORMATION

Our services are not directed to children under 17 (or other age as required by
local law), and we do not knowingly collect personal information from children.
If you learn that your child has provided us with personal information without
your consent, you may contact us as set forth below. If we learn that we have
collected any personal information in violation of applicable law, we will
promptly take steps to delete such information and terminate the child’s
account.


14. CHANGES TO OUR PRIVACY POLICY

We may update our privacy policy from time to time. By continuing to use the
services and our Website, you agree to the latest version of our privacy policy.
Any changes we make to our privacy policy in the future will be posted on this
page and, where appropriate, notified to you by email prior to such changes
being effective. Please check back frequently to see any updates or changes to
our privacy policy.


15. MAKING A COMPLAINT

If you are located in the EEA, UK or Switzerland, you may make a complaint to a
supervisory body for data protection matters in the country in which you are
based. In the UK, this would be the UK Information Commissioner's Office
(https://ico.org.uk/). Alternatively, you may seek a remedy through local courts
if you believe your rights have been breached.


16. CONTACT US

If you have any questions in relation to this privacy policy or how we collect,
use or store your personal information, you can contact us by phone at: +1 888
343 2860, by post at: Silver Peak Systems, Inc. 2860 De La Cruz Blvd. Santa
Clara, CA 95050 Attention: Legal Department or by email at:
privacy@silver-peak.com.


COOKIES POLICY

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE: This site
uses cookies to store information on your computer. By using this site, you
agree to the placement of cookies on your computer in accordance with the terms
of this policy. If you do not wish to accept cookies in connection with your use
of this Website, you must stop using our Website or use your browser settings to
block the placing of cookies.


1. WHAT ARE COOKIES?

A cookie is a text-only string of information that a website transfers to the
cookie file of the browser on your computer's hard disk so that the website can
recognize you when you revisit and remember certain information about you. This
can include which pages you have visited, choices you have made from menus, any
specific information you have entered into forms and the time and date of your
visit.


2. TYPES OF COOKIES

There are two main types of cookies:

 * • Session cookies: these are temporary cookies that expire at the end of a
   browser session; that is, when you leave the site. Session cookies allow the
   website to recognize you as you navigate between pages during a single
   browser session and allow you to use the website most efficiently. For
   example, session cookies enable a website to remember that a user has placed
   items in an online shopping basket.
 * • Persistent cookies: in contrast to session cookies, persistent cookies are
   stored on your equipment between browsing sessions until expiry or deletion.
   They therefore enable the website to “recognize” you on your return remember
   your preferences and tailor services to you.

In addition to session cookies and persistent cookies, there may be other
cookies which are set by a website which you have chosen to visit, such as this
website, in order to provide us or third parties with information.


3. OUR USE OF COOKIES

We currently use, and may use in the future, the following types of cookies on
this website.

We use session cookies to:

 * • Help us maintain security and verify your details whilst you use the
   website as you navigate from page to page, which enables you to avoid having
   to re-enter your details each time you enter a new page.

We use persistent cookies to:

 * • Help us recognize you as a unique user when you return to our website so
   that you do not have to input your details multiple times as you move between
   our pages or services
 * • Remember how you have customized your use of this site, such as your
   preferred currency and time zone
 * • Collect and compile anonymous, aggregated information for statistical and
   evaluation purposes to help us understand how users use the website and help
   us improve the structure of our website.

Many cookies are designed to give you optimal usage of the web. For example, we
use cookies to enable you to improve your user experience when using our
website, e.g. a cookie which recognizes if your browser supports specific
technology features. This helps, for example, in enabling web pages to be loaded
more quickly when you request the download of a large file.

In addition to cookies which send information to us, we also use cookies which
collect information and send it to third-parties. An example of this is Google
Analytics. Google has developed the Google Analytics opt-out browser add-on for
the Google Analytics JavaScript (ga.js, analytics.js, dc.js). If you want to opt
out of Google Analytics, you can download and install the add-on for your web
browser here. Please check the relevant third-party website for more information
about their use of cookies. Where this site allows such cookies to be set or you
access other websites from this site using the links provided, the operators of
these websites will use cookies in accordance with their own cookies policy,
which may differ from ours.

As with first party cookies, you are able to block third party cookies through
your browser settings.

Some of our cookies may collect and store your personal information, such as
your name or email address. We are committed to respecting and protecting your
privacy and will ensure that all personal information collected by us is kept
and treated in accordance with our privacy policy. A link to this policy is
available within the footer of this portal.


4. REFUSING COOKIES ON THIS SITE

Most browsers are initially set to accept cookies. However, you can disable
cookies if you wish, generally through changing your internet software browsing
settings. It may also be possible to configure your browser settings to enable
acceptance of specific cookies or to notify you each time a new cookie is about
to be stored on your computer enabling you to decide whether to accept or reject
the cookie. To manage your use of cookies there are various resources available
to you, for example the “Help” section on your browser may assist you. You can
also disable or delete the stored data used by technology similar to cookies,
such as Local Shared Objects or Flash cookies, by managing your browser's
“add-on settings” or visiting the website of its manufacturer. As our cookies
allow you to access some of our website's essential features we recommend that
you leave cookies enabled, otherwise, if cookies are disabled, it may mean that
you experience reduced functionality.


5. ADDITIONAL RESOURCES

Useful information about cookies can be found at:

 * http://www.allaboutcookies.org/
 * http://www.youronlinechoices.eu/
 * https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
 * https://www.ftc.gov/site-information/privacy-policy/internet-cookies



   

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