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GIGAMON PRIVACY POLICY




Last updated June 23, 2022


 

Table of Contents

   Applicability Of This Privacy Policy

   Personal Data We Collect

   How We Use Personal Data

   How We Share and Disclose Personal Data

   How Long Do We Keep Your Personal Data

   Your Choices Regarding Commercial Marketing

   Security of Personal Data

   Age Limitations


   International Data Transfers

   European Economic Area, Switzerland, or the United Kingdom Only

   Privacy Notice for California Residents

   Contact Us

   Changes To This Privacy Policy

 

 

Gigamon Privacy Policy

 


1. APPLICABILITY OF THIS PRIVACY POLICY

Gigamon Inc. and its subsidiaries (collectively  “Gigamon” or “we” or “our”
“us”) share your concerns about the privacy of personal information collected on
the internet.   Accordingly, this Privacy Policy (“Policy”) describes how we
collect, use and disclose information when you:

 * ·interact with our websites (“Sites”) or
 * ·interact with us in other ways, such as through your participation in
   events, community rooms, visits to our premises, phone calls, emails,
   physical mail, job applications or other interactions with us, (“Other
   Services”) or
 * use any of our SaaS-based/cloud-services products and services, our hardware
   and software products, our professional services and all other commercial
   offerings, including without limitation Gigamon Threat Insight (“Offerings”)
   (Sites, Other Services and Offerings are collectively “Services”).

Your use of any of our Services is subject to the provisions of this Privacy
Policy, our Cookie Notice as well as those of our Terms of Use. If required by
applicable law, 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” means information that is
associated with an identified or identifiable natural person and is protected as
personal data under applicable data protection laws.

By visiting or using our Services, or reading this Policy, you are deemed to
have agreed to the provisions of this Policy, unless you are in the European
Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, in which case
you are acknowledging that you have been provided this Policy.  If you do not
agree with this policy, do not access or use our Services or interact with any
other aspect of our business.

 


2. PERSONAL DATA WE COLLECT

We collect the following categories of data through our Services, which may
contain Personal Data:

Data We Collect Directly From You: 

 * Contact And Other Information.  If you create an account through our
   Services, 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 or use our Services in any way, 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 the
   content in any attachments or additional information you may have included in
   your communication. 
 * Data From Interactive Features.  If you participate in any of our interactive
   services, such as our community forums or blogs, Gigamon’s Services may
   include interactive features that allow you to disclose Personal Data
   directly to us and to others. Your participation in any such interactive
   feature 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.

Data We Collect From Your Use of Our Services: 

 * Cookies and other Technologies from Sites.  We automatically collect data
   from the use of our Sites through “cookies” and other technologies which may
   be stored on your computer to track and collect certain data, usage patterns,
   user behavior and other information from our Services. For more information,
   you can visit our Cookie Notice
 * sample 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.
 * Event/Usage Data from Gigamon Threat Insight (“GTI”).  We collect certain
   usage data (“Event/Usage Data”) from the use of our Offering Gigamon
   ThreatINSIGHT (“GTI”), which consists of (a) metadata collected or produced
   during the course of providing GTI containing source and destination IP
   addresses; (b)  statistical data about the functioning of the products or
   Customer’s use of GTI, (c) data about any file, code or data that is
   potentially malicious or harmful or that is potentially related to
   unauthorized third parties including without limitation, malware, spyware,
   viruses, worms, Trojan horses, URLs, DNS data, network telemetry, and network
   packet data, and (d) to the extent that Customer’s network environment has
   unique naming conventions or configurations, the Event/Usage Data could
   potentially include Personal Data.

Data We Collect About You From Third Parties: 

 * From Third Parties.  We may receive data about you or your organization,
   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, service providers, vendors, or through publicly available
   information.

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 Services and
we may not be able to authenticate or assist you with your inquiries or
requests.

 


3. HOW WE USE PERSONAL DATA

We use Personal Data for the following purposes to:

 * Provide, update, maintain, audit, improve and protect our Services and
   business.
 * Provide customer service, maintenance and support.
 * Response to requests, comments and questions by you.
 * Provide and facilitate the delivery of Services.
 * Notify you of changes to Services and to send you related information, such
   as invoices, technical notices, updates, security alerts, training and
   support and other administrative communications. 
 * Maintain your or the Customer’s account.
 * Provide billing, account management and other administrative functions.
 * Detect, investigate, protect against and prevent security issues, including
   through malicious, fraudulent, illegal or other similar activity.
 * Detect bugs, repair and report errors and perform activities to maintain the
   quality or safety of our Services.
 * Link or combine it with other personal information we get from third parties
   to help provide you with better service.
 * Develop and send you marketing, sales and promotional communications (where
   this is in accordance with your marketing preferences).
 * Display and measure engagement with advertisements across different devices
   and sites.
 * Communicate with you about our events or our partner events, including
   webinars and demos.
 * Manage and deliver contest entries and rewards.
 * Conduct internal research for technological development and demonstration.
 * Use for short-term transient purposes, such as to test or customize new
   content for our Services.
 * Process your information for other legitimate business purposes, such as
   customer surveys, data analysis, audits, collecting and assessing feedback,
   identifying usage trends, determining the effectiveness of our marketing
   campaigns and to evaluate and improve our products, services, marketing and
   customer relationships.

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. 

 

 


4. HOW WE SHARE AND DISCLOSE PERSONAL DATA

We do not share your information with third parties other than as follows:

 * Upon your instruction.
 * With your consent, for example, when you agree to our sharing your
   information with other third parties for their own marketing purposes subject
   to their separate privacy policies.
 * Internally within our organization and subsidiaries.
 * Where it has been de-identified, including through aggregation or
   anonymization.
 * To our third-party business partners such as system integrators,
   distributors, resellers and channel partners, so they can provide you with
   information you have requested about one of our Services, or to follow up on
   a sales lead.
 * To our third-party vendors and service providers, who act on our behalf and
   instruction to fulfill Services obligations, provide IT, provide billing and
   corporate functions, process data, prevent fraud, 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 comply with laws or to respond to lawful requests and legal process, to
   protect our rights and property and that of our agents, customers, members
   and others including to enforce our agreements, policies and terms of use or
   in an emergency to protect the personal safety of any person.
 * In order to protect any individual’s vital interests, but only where we
   believe it necessary in order to protect the vital interests of any person.

Please note that we may provide links to other third-party Sites 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.

 


5. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

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.

 


6. YOUR CHOICES REGARDING COMMERCIAL MARKETING

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. Please note that even if you opt out from
receiving marketing emails, we may still send you non-marketing emails, which
include emails about your account with us and in connection with your use of the
Services. For information about Cookies, please see Section 2.

 


7. SECURITY OF PERSONAL DATA

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 and technical measures designed to protect your Personal Data
from unauthorized access, use or disclosure.

 


8. AGE LIMITATIONS

Gigamon Services are not intended for use by anyone younger than 18 years old.
If you learn that anyone younger than 18 has used our Services or provided us
with Personal Data, please contact us and we will take steps to delete such
Personal Data.

 


9. INTERNATIONAL DATA TRANSFERS

If you are visiting or using our Services, please be aware that your personal
data may be transferred to, and processed in, a jurisdiction other than the
country in which you are resident. The data protection laws of these
jurisdictions may or may not be as comprehensive or protective as those in your
country. Our servers are generally located in the United States, and we may also
process your information in other jurisdictions to provide support and other
similar services. For more information on Gigamon office locations, please see a
list of Gigamon offices at
https://www.gigamon.com/contact-us/office-locations.html.

However, we take appropriate steps to safeguard your information. For example,
if you are accessing our Services from the European Economic Area, Switzerland,
or the United Kingdom (“EU/UK Countries”), we have implemented Standard
Contractual Clauses for the transfer of Personal Data between Gigamon and our
business affiliates, vendors and other third parties to whom we transfer data
which require compliance with the governing data privacy laws of these
countries.

 


10. EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM ONLY

Legal Basis for Processing Personal Information

 * Website and Other Services. If you are visiting or using our Sites or Other
   Services from the EU/UK Countries, the lawful basis upon which we process
   your Personal Data will depend on the Personal Information collected and the
   nature of our use. We normally collect Personal Data in performance of a
   contract between Gigamon and you in which we are the data controller to
   provide you with the content available through our Sites or Other Services,
   connect you with other users, and to provide you with other information in
   response to any of your requests. We may also collect your Personal Data if
   you have provided us with consent to use your data in which case the lawful
   basis is your consent, or if we have a legitimate interest in processing your
   personal information where the processing is not overridden by your data
   protection interests or fundamental rights and freedoms.
 * Offerings. If you are visiting or using our Offerings from the EU/UK
   Countries, the lawful basis upon which we process your Personal Data is in
   performance of the contract between us and the Customer with whom you are
   employed, in which we are the data processor.

Your Rights

If you are a resident of the EEA, United Kingdom, or Switzerland you have the
following data protection rights, subject to lawful exemptions.

 * The right to access, correct, update, or request deletion of your personal
   information.
 * The right to object to the processing of your personal information by asking
   us to restrict processing of your personal information or request portability
   of your personal information; and
 * The right to withdraw your content at any time if we collected and processed
   your personal information with your consent. Please note that withdrawing
   your consent will not affect the lawfulness of any processing we conducted
   prior to your withdrawal, nor will it affect processing of your personal
   information conducted in reliance on lawful processing grounds other than
   consent.

You also have the right to submit a complaint to a data protection authority
about the collection and use of your personal information.

Who to Contact to Exercise GDPR Rights?

Data protection laws in certain jurisdictions differentiate between “controller”
and “processor” of Personal Data, and the entity that you will need to contact
to exercise your rights in the EU/UK will depend on whether Gigamon is acting as
data controller or data processor.

 * If you are using our Sites, the data controller is Gigamon and you should
   contact us to manage your choices at: 3300 Olcott Street, Santa Clara, CA
   95054, or our number: (408) 831-4000, or privacy@gigamon.com.
 * If you are using Other Services or 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, at the contact
   information located at
   https://www.gigamon.com/contact-us/office-locations.html.
 * If you are using Offerings, including our professional services or in
   connection support and maintenance for a Gigamon product, these services are
   made available to you through the Customer (e.g. your employer), and the data
   controller is the Customer and Gigamon is the data processor. The Customer is
   the administrator of the Services and is responsible for the accounts and/or
   Service sites over which it has control. If this is the case, please direct
   your data privacy questions to your administrator, as your use of the
   Services is subject to that organization's policies. We are not responsible
   for the privacy or security practices of an administrator's organization,
   which may be different than this policy.

EU/UK Data Subject Request Verification. To the extent we are the data
controller, we will verify that the information you submit (which may include
first name, last name, email address, company, and country/state) matches our
records before we fulfill the request. We cannot respond to your request or
provide you with personal information if we cannot verify your identity or
authority to make the request and confirm the personal information relates to
you.

 


11. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: June 10, 2022

This Privacy Notice for California Residents (“Notice”) supplements the
information contained in the Privacy Policy of Gigamon Inc. and applies to all
visitors, users, and others who reside in the State of California (“consumers”
or “you”). We adopt this Notice to comply with the California Consumer Privacy
Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when
used in this Notice.

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.

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 cookies as
further described in our Cookie Notice.

Categories of Personal Information We Collect and Share. The categories of
personal information we have collected over the last 12 months about you and the
third parties with whom we share that personal information for a business
purpose are as follows:

Category Collected Through Services

Who we share with

Identifiers (such as real name, alias, postal address, IP address, online
identifiers, email addresses, etc.)   

·       Corporate Affiliates

·       Service Providers

Personal information categories listed in the California Customer Records
statute (Cal. Civ. Code § 1798.80(e)) (such as name, social security number,
drivers’ license number, etc.) Some personal information included in this
category may overlap with other categories.  Most of this information would be
collected only with respect to employment related matters, including
applications, collected through our Services

·       Corporate Affiliates

·       Service Providers

Protected classification characteristics under California or federal law (such
as age, race, national origin, etc.).  We collect this information only with
respect to employment related matters, including applications, collected through
our Services. 

·       Corporate Affiliates

·       Service Providers

Commercial information (such as records of products or services purchased, etc.)

·       Corporate Affiliates

 Internet or other similar network activity (such as browsing history, search
history, etc.)

·       Vendors

·       Service Providers

Professional or employment-related information (such as the name of your
employer, current or past job histories, etc.).

·       Corporate Affiliates

·       Service Providers

Inferences drawn from any of the above information (such as to create a profile
reflecting a consumer’s preferences)

·       Corporate Affiliates

·        Service Providers

Sources of Personal Information

The sources from which we collect personal information are described in Section
2 above, Personal Data We Collect:

Personal information does not include:

 * Publicly available information from government records.
 * De-identified or aggregated consumer information.
 * Information excluded from the scope of the CCPA.

Purposes for Collecting Personal Information

We collect personal information identified in the lists above to communicate
with you, for marketing and promotional purposes, to provide and improve our
services and other purposes as described in Section 3 above, How We Use Personal
Data.

California Consumer Rights

California law gives California residents the right to make the following
requests with regard to certain information we collect about them, at no charge,
two times every 12 months:

 * The right to request a copy of personal information we collected or disclosed
   for a business purpose in the past 12 months
 * The right to request deletion of personal information we collected, subject
   to certain exemptions (for example, where the information is used by us to
   detect security incidents, debugging or to comply with a legal obligation);
   and
 * The right to request that we disclose personal information we collect, use
   and disclose.

Verified Consumer Request under CCPA

You can submit a copy, deletion or right-to-know request by contacting us at
privacy@gigamon.com or by contacting us at (408) 831-4000. We will verify that
the information you submit (which may include first name, last name, email
address, company, and country/state) matches our records before we fulfill the
request. You may use an authorized agent to submit a consumer rights request on
your behalf using the methods above, however, we will require the authorized
agent to provide signed permission to submit the request on your behalf and may
still contact you to confirm your identity and that this request was submitted
with your permission. If we cannot verify your identity through reasonable steps
which do not include asking you for more data, we are authorized to refuse to
process your request.

Non-Discrimination.

We will not discriminate against you for exercising any of your CCPA rights.

 


12. 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 number: (408) 831-4000.

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.

 


13. CHANGES TO THIS PRIVACY POLICY

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.

 

 

 


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PRIVACY PREFERENCE CENTER

When you visit any website, it may store or retrieve information on your
browser, mostly in the form of cookies. This information might be about you,
your preferences or your device and is mostly used to make the site work as you
expect it to. The information does not usually directly identify you, but it can
give you a more personalized web experience. Because we respect your right to
privacy, you can choose not to allow some types of cookies. Click on the
different category headings to find out more and change our default settings.
However, blocking some types of cookies may impact your experience of the site
and the services we are able to offer.
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STRICTLY NECESSARY COOKIES

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These cookies are necessary for the website to function and cannot be switched
off in our systems. They are usually only set in response to actions made by you
which amount to a request for services, such as setting your privacy
preferences, logging in or filling in forms.    You can set your browser to
block or alert you about these cookies, but some parts of the site will not then
work. These cookies do not store any personally identifiable information.

TARGETING COOKIES

Targeting Cookies

These cookies may be set through our site by our advertising partners. They may
be used by those companies to build a profile of your interests and show you
relevant adverts on other sites.    They do not store directly personal
information, but are based on uniquely identifying your browser and internet
device. If you do not allow these cookies, you will experience less targeted
advertising.

PERFORMANCE COOKIES

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and
improve the performance of our site. They help us to know which pages are the
most and least popular and see how visitors move around the site.    All
information these cookies collect is aggregated and therefore anonymous. If you
do not allow these cookies we will not know when you have visited our site, and
will not be able to monitor its performance.

FUNCTIONAL COOKIES

Functional Cookies

These cookies enable the website to provide enhanced functionality and
personalisation. They may be set by us or by third party providers whose
services we have added to our pages.    If you do not allow these cookies then
some or all of these services may not function properly.

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