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IBM PRIVACY STATEMENT

This privacy statement is effective as of 26, April 2022

Contact us




INTRODUCTION

At IBM we value your privacy and are committed to protecting and processing your
personal information responsibly.

This privacy statement describes how IBM collects, uses and shares your
information. It applies to IBM Corporation and IBM subsidiaries except where a
subsidiary presents its own statement without reference to IBM’s.

We may provide additional data privacy information by using a supplementary
privacy notice.

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PERSONAL INFORMATION WE COLLECT AND USE

This section describes the various types of information that we collect and how
we use it.

YOUR ACCOUNT

You can create an account with IBM by creating an IBMid. An IBMid provides IBM
with your name, email address, and country or region of residence. We may
require an IBMid for certain services, such as the use of IBM Cloud and Online
Services.

We may also store your details from business contact information that you
provide to us, or that we collect from your organization, our Business Partners,
or our suppliers.

An IBMid uniquely identifies you when you access our websites, make a request or
order, or use a product or service. If you log into our websites with an IBMid
we may link the information we collect with your account. An IBMid is also used
to give you access to IBM Cloud and Online Services and allows you to manage
your contract and billing history. The email address in your IBMid may be used
to contact you in relation to any services to which you subscribe.

Business contact information is typically information that you would find on a
business card, such as name and business contact details. We use this
information to contact or communicate with you about business matters. If we
receive business contact information from a third party, such as an IBM Business
Partner or supplier, we will confirm that the information was shared
appropriately.

We may also combine your business contact information with other
business-relevant information, such as information about your professional
education, skills, work experience, or other publicly available information,
such as business-related blogs, publications, job roles, and certifications.
This information may be used to tailor our interactions with you in any part of
IBM’s business, for example in the sales process, to maintain a relationship
with you, and for post-contractual relationships.

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IBM WEBSITES

Our websites offer ways to communicate with you about us, our products, and
services. The information that we collect on websites is used to provide you
with access to the website, to operate the website, to improve your experience,
and to personalize the way that information is provided to you. If you visit our
websites without logging in with an account, we may still collect information
that is connected to your website visit.

For more information on the technologies that we use to collect website
information, and setting your preferences, see Cookies and Similar Technologies.

We collect information about your use of our websites, such as:

 * the webpages you view,
 * the amount of time you spend on pages,
 * the website URL that referred you to our pages,
 * your geographic information derived from your IP address,
 * and any hyperlinks or advertisements you select.

We use this information to improve and personalize your experience with our
websites, provide you with content that you may be interested in, create
marketing insights, and to improve our websites, online services, and related
technologies.

We also collect the information that your browser or device automatically sends,
such as:

 * your browser type and IP address,
 * operating system, device type, and version information,
 * language settings,
 * crash logs,
 * IBMid information (if signed in),
 * and passwords.

We use this information to provide you with access to our webpages, improve the
webpage view on your device and browser, adapt to your settings and language,
and adapt content for relevancy or any legal requirements for your country. We
also use this information to comply with system and network security
requirements, and to provide support. For more information see, Support
Services and Protecting You and IBM.

We also provide platforms and forums that enable online sharing, support, and
collaboration among registered members. Any information that you submit to these
platforms may be made available others on the internet, or removed by us, as
covered in the platform privacy notice or terms. We are not responsible for any
content that you make available through your use of our products or services.

We prepare reports on our websites to derive insights into trending topics and
general market knowledge. These reports may be provided to third parties with
details on how users interacted or showed interest in the third-party product or
service that was presented on our websites. All reports display aggregated
information and cannot be used to identify our website visitors.

We accept no responsibility for the content provided on, or privacy practices,
of third-party websites or applications.

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IBM CLOUD AND ONLINE SERVICES

Our cloud and online services include “as-a-service” and desktop applications,
mobile applications (or apps), and IBM Learning services. We collect information
about the use of these services, such as pages you view or your interactions on
that page, to improve and develop our services and to generate technical and
market insights. We may require an IBMid for the use of our cloud and online
services (see Your Account).

The information that we collect on our cloud and online services may include:

 * the pages you view,
 * your settings within the service,
 * your browser type and IP address,
 * operating system, device type, and version information,
 * crash logs,
 * IBMid information (if signed in),
 * and passwords.

This information is collected to provide you with access, to operate the
service, for support, to personalize and improve your experience of the service,
to develop other services and technologies, and generate technical and market
insights. For more information on the technologies that we use to collect this
information, and setting your preferences, see Cookies and Similar Technologies.

Where we provide products and services as a business-to-business provider, the
client is responsible for the collection and use of personal information while
using our products or services, unless otherwise described. Our agreement with
clients may also allow us to request and collect information about authorized
users of our products or services for reasons of contract management.

Mobile application privacy notices may provide details about the information
that is collected by the app, such as geo-location information or the unique
User-ID of a device. Unique User-IDs are used to connect to servers and to
connect the use of the device across apps. Depending on the functions of the
app, you can tailor your privacy settings by using the settings menu or in your
user profile.

IBM Learning offers education services and collects information on course
completions to be able to provide you with credentials, certificates, or further
information when needed.

We accept no responsibility for the content provided on, or privacy practices,
of third-party websites or applications.

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MARKETING

We use the information that we collect to communicate with you about relevant
products, services, and offerings. We also use this information to personalize
your experience with our content and advertisements, and to develop internal
marketing and business intelligence. To set or update your marketing
communications preferences, visit the IBM Privacy Preference Center. You may
also submit an opt-out request, or select Unsubscribe at the bottom of each
marketing email. To review or set your preferences regarding the information
that we collect about you on our websites select Cookie Preferences in the
website footer.

We use contact information that we collect directly from you, your organization,
or third-party data providers, to communicate with you about our products,
services, and offerings. When we obtain information about you indirectly from
third parties, we implement checks and controls to confirm that this information
was legally acquired by the third party and that the third party has the right
to provide the information to us for our use in marketing.

We may, subject to your preferences, collect information about your interactions
with our websites, our emails (such as whether emails are opened or links
selected), and other IBM content, including content on third-party sites. For
more information on the technologies that we use to collect this information,
and setting your preferences, see Cookies and Similar Technologies.

We use this information to develop internal marketing and business intelligence.
For example, we may:

 * Combine the information collected to better understand your interests and
   potential business needs, such as IBM events you attend, content you review,
   or any of our websites that you visit.
 * Aggregate the information that is collected about website visitors for the
   purposes of developing and modelling marketing audiences.
 * Leverage insights from the information collected to personalize content and
   advertisements across multiple interactions and devices.
 * Engage with advertising partners, such as publishers and social media
   platforms, to deliver targeted IBM advertisements on their websites,
   aggregate information for analysis, and track engagement with those
   advertisements on our behalf. These advertising partners may also track your
   interactions with us on our websites.

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CONTRACTUAL RELATIONSHIPS

A contractual relationship is created when you order a trial, or a product or
service from us. While we mainly provide our products and services to
businesses, individuals may also enter into an agreement with us directly as a
client. We may collect any information that is reasonably necessary to prepare
for, enter, and fulfill, the contractual agreement.

The information collected in a contractual relationship may include the business
contact information of the requester, an IBMid, and the order details.
Information that is required for shipment and payment, for the implementation of
services, or to grant access to the product or service may also be collected.

This information may be collected for various purposes, depending on the nature
of the products or services, for example, for contractual management and
compliance, to provide support, for the improvement or development of our
products and services, to contact you for customer satisfaction surveys, and to
generate technical and market insights. For more information, see IBM Cloud and
Online Services.

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SUPPORT SERVICES

When you contact us to request support, we collect your contact information,
problem description, and possible resolutions. We record the information that is
provided to handle the support query, for administrative purposes, to foster our
relationship with you, for staff training, and for quality assurance purposes.

The information that we collect may include any information exchanged during our
phone conversations or provided during Live Chat support sessions on our
websites. We may use this information to inform you of products or services that
are related to your support request. This can include product updates or fixes,
and we may combine the information that is collected through other interactions
with you or your organization to provide more valuable suggestions in relation
to product support, such as any available training regarding the issue.

While we handle the support case, we may have incidental access to information
that you have provided or information that is on your system. This information
may contain information about you, your organization's employees, customers, or
other relevant parties. The conditions regarding the handling and processing of
this information is covered by the applicable Terms of Use or other agreements
between your organization and IBM, such as the Terms of Use for Exchanging
Diagnostic Data.

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PROTECTING YOU AND IBM

We may collect and use information to protect you and IBM from IT security
threats and to secure the information that we hold from unauthorized access,
disclosure, alteration, or destruction. This includes information from our IT
access authorization systems, such as log-in information.

The security solutions we use to protect your information, our infrastructure,
and our networks may collect information such as IP addresses and log files.
This is necessary for the functionality and utility of security programs to
enable the investigation of any potential security incidents and generate
insights on security threats.

We may use specialized tooling and other technical means to collect information
at access points to, and in, IT systems and networks to detect unauthorized
access, viruses, and indications of malicious activities. The information we
collect may be used to conduct investigations when unauthorized access, malware
or malicious activities are suspected, and to remove or isolate malicious code
or content.

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IBM LOCATIONS

When you visit an IBM location, we collect your name or business contact
information (see Your Account), and, in some cases, information from a
government issued ID. This information is collected for access management and to
protect the security and safety of our locations and employees.

The information that is collected at our locations is used to issue access
badges. We may verify the identity of visitors where legally permissible and,
for supplier personnel working on site, a badge with a photo identification may
be requested for identification purposes.

Camera supervision and access management are used for reasons of security and
safety of our locations, employees, and assets. More information may be
available at the IBM location.

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RECRUITMENT AND FORMER EMPLOYEES

We are constantly searching for new talent for our organization, and we collect
information about job applicants or prospective candidates from several sources.
Applicants are referred to the Talent Acquisition Privacy Notice for more
information. When an employee leaves IBM, we continue to process information
that is related to them for any remaining business, contractual, employment,
legal, and fiscal purposes, including the management of pensions to the extent
handled by IBM.

Regarding recruitment, we may look for prospective candidates with the help of
recruitment intermediaries and may use publicly available information on social
media platforms to identify prospective candidates for a specific function.

When an employee leaves IBM, we retain basic information from the former
employee about their employment at IBM.

After an employee retires, we process information about the retiree for
fulfilling the pension obligations toward the retiree. Information about the
processing of pension information, or other retirement programs, can be found
with the local organization responsible for pensions. In some countries, this
may be an independent organization. In some cases, retirees may still
participate in IBM-organized initiatives or programs, such as volunteer and
social responsibility programs. Such participation is voluntary, and more
information is provided on the relevant websites or information pages for those
initiatives.

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CONDUCTING OUR BUSINESS OPERATIONS

We collect and use information to improve our business operations, systems, and
processes. For example, information may be used to conduct, maintain, audit, and
optimize our operations, to protect our assets and employees, for product
development, and to defend our rights.

We collect information about our business operations to make informed decisions
about the organization, the business, and to report on performance, audits, and
trends. For example, we use this information to analyze the costs and quality of
our operations. Where possible, this is done by using aggregated information,
but it may use personal information.

We collect and use information from our business systems, which may include
personal information, to:

 * protect or enforce our rights, including to detect fraud or other criminal
   activities (for example, by using information in payment systems)
 * handle and resolve disputes
 * answer complaints and defend IBM in legal proceedings
 * and comply with legal obligations in the countries where we do business

We collect information from the use of our business processes, websites, cloud
and online services, products, or technologies. This information may include
personal information and is used for product and process development. For
example, we may use this information to increase efficiency, decrease costs, or
improve services by developing automated processes and tools, or to develop or
improve the technologies on which these are based.

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COOKIES AND SIMILAR TECHNOLOGIES

When you visit our websites, cloud and online services, software products, or
view our content on certain third-party websites, we collect information
regarding your connection by using various online tracking technologies, such as
cookies, web beacons, Local Storage, or HTML5. Information that is collected
with these technologies may be necessary to operate the website or service, to
improve performance, to help us understand how our online services are used, or
to determine the interests of our users. We use advertising partners to provide
and assist in the use of such technologies on IBM and other sites.

A cookie is a piece of data that a website may send to your browser, which may
be stored on your computer and can be used to identify your computer. Web
beacons, including pixels and tags, are technologies that are used to track a
user visiting an IBM web page or if a web page was copied to another website.
Web beacons may be used in email messages or newsletters to determine whether
messages are read, forwarded, or links selected. Local Shared Objects can store
content information displayed on the webpage visited, and preferences. These may
be used to provide connected features across our websites or display targeted
IBM advertising on other websites based on your interests.   

Session cookies can be used to track your progression from page to page so that
you are not asked for information that you have already provided during the
current session, or information that is needed to be able to complete a
transaction. Session cookies are erased when the web browser is closed.
Persistent cookies store user preferences for successive visits to a website,
such as recording your choice of language and country location. Persistent
cookies erase their data within 12 months.

You can use the IBM Cookie Manager to learn more about the online tracking
technologies we use and to review or set your preferences regarding the
information that we collect about you on our websites. The IBM Cookie Manager is
either presented as a notification window when you first visit a webpage or
opened by selecting Cookie Preferences in the website footer. The IBM Cookie
Manager does not address all types of tracking technologies (for example, web
beacons). When using mobile apps, use the options on your mobile device to
manage settings.

Blocking, disabling, or rejecting IBM cookies may cause services to not function
properly, such as in connection with a shopping cart, or block the use of
websites or IBM Cloud services that require you to sign in. Disabling cookies
does not disable other online tracking technologies, but prevents the other
technologies from accessing any details stored in cookies.

Our websites offer the possibility to use third-party social media options.  If
you elect to use these options, these third-party sites may log information
about you, such as your IP address, access time, and referring website URLs. If
you are logged in to those social media sites, they may also link collected
information with your profile information. We accept no responsibility for the
privacy practices of these third-party services and encourage you to review
their privacy policies for more information.

For information on cookies and how to remove these technologies by using browser
settings, see https://www.allaboutcookies.org/. 

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CHILDREN

Unless otherwise indicated, our websites, products, and services are not
intended for use by children under the age of 16.

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SHARING PERSONAL INFORMATION

We may share your personal information internally and externally with suppliers,
advisors, or Business Partners for IBM’s legitimate business purposes, and only
on a need-to-know basis. This section describes how we share information and how
we facilitate that sharing.





HOW WE SHARE PERSONAL INFORMATION


 

When sharing personal information, we implement appropriate checks and controls
to confirm that the information can be shared.

If we decide to sell, buy, merge, or otherwise reorganize businesses in some
countries, such a transaction may involve disclosing some personal information
to prospective or actual business purchasers, or the collection of personal
information from those selling such businesses.

Internally, personal information is shared for our legitimate business purposes,
such as managing our relationship with you and other external parties,
compliance programs, or systems and networks security. We do this to improve
efficiency, for cost savings, and internal collaboration between our
subsidiaries. Our internal access to personal information is restricted and
granted only on a need-to-know basis. Sharing of this information is subject to
the appropriate intracompany arrangements, our policies, and security standards.

Externally,

 * our business with suppliers may include the collection, use, analysis, or
   other types of processing of personal information on our behalf. 
 * our business model includes cooperation with independent Business Partners
   for marketing, selling, and the provision of IBM products and services. Where
   appropriate, we share business contact information with selected Business
   Partners.
 * we may share personal information with professional advisors, including
   lawyers, auditors, and insurance companies to receive their services.
 * we may share contractual relationship information with others, for instance,
   our Business Partners, financial institutions, shipping companies, postal, or
   government authorities, such as the customs authorities that are involved in
   fulfillment.

In certain circumstances, personal information may be subject to disclosure to
government agencies in accordance with judicial proceedings, court orders, or
legal processes. We may also share personal information to protect the rights of
IBM or others when IBM believes that such rights may be affected, for example to
prevent fraud.

 

 


FACILITATING INTERNATIONAL TRANSFERS


 

Your information may be transferred to or accessed by IBM subsidiaries and third
parties around the world. IBM complies with laws on the transfer of personal
information between countries to keep your personal information protected,
wherever it may be.

We have implemented various safeguards including:

 * Contractual Clauses, such as those approved by the EU Commission and accepted
   in several other countries. You can request a copy of the EU Standard
   Contractual Clauses (EU SCCs) by selecting Contact Us in the header of this
   page.
 * Binding Corporate Rules for Controllers (IBM BCR-C). We have BCR-C approved
   by the European Data Protection Authorities and the UK Information
   Commissioner’s Office. For more information, see IBM Controller Binding
   Corporate Rules.
 * IBM's privacy practices, described in this Privacy Statement, comply with the
   APEC Cross Border Privacy Rules Framework. The APEC Cross Border Privacy
   Rules (CBPR) system provides protection of personal information that is
   transferred among participating APEC economies as it pertains to online
   information collected through ibm.com.

While the EU-US and Swiss-US Privacy Shield Framework can no longer be relied
upon for the transfer of Personal Information, we continue to comply with all
EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework
obligations. For more information, see IBM Privacy Shield Privacy Policy and US
Department of Commerce.

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CONTROLLER AND REPRESENTATIVE INFORMATION

IBM does business through its subsidiaries worldwide. The privacy laws in some
countries consider a Controller to be the legal entity (or natural person) who
defines the purposes for which the processing of personal information takes
place and how that information is processed. Parties that are involved in
processing operations on behalf of a Controller may be designated as Processors.
Designations and associated obligations differ, depending on the jurisdiction.

Where this is relevant for the privacy laws in your country, the Controller of
your personal information is IBM’s main subsidiary in your country or region,
unless International Business Machines Corporation (IBM Corp.) or another IBM
subsidiary identifies itself as the Controller for a specific interaction with
you.

The contact details of our main subsidiary of a country or region can be found
by selecting your country or region and selecting Contact on the footer of
ibm.com websites. IBM Corp. can be contacted at: International Business Machines
Corporation, 1, North Castle Drive, Armonk, New York, United States of America.

Where IBM Corp. or a subsidiary it controls is required to appoint a legal
representative, the following representatives have been appointed.

IBM International Group B.V.,

Johan Huizingalaan 765,

1066 VH Amsterdam,

The Netherlands

IBM United Kingdom Limited,

PO Box 41, North Harbour,

Portsmouth,

Hampshire, PO6 3AU,

United Kingdom

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INFORMATION SECURITY AND RETENTION

To protect your personal information from unauthorized access, use, and
disclosure, we implement reasonable physical, administrative, and technical
safeguards. These safeguards include role-based access controls and encryption
to keep personal information private while in transit. We also require our
Business Partners, suppliers, and third parties to implement appropriate
safeguards, such as contract terms and access restrictions, to protect
information from unauthorized access, use, and disclosure. 

We only retain personal information as long as necessary to fulfill the purposes
for which it is processed, or to comply with legal and regulatory retention
requirements. Legal and regulatory retention requirements may include retaining
information for:

 * audit and accounting purposes,
 * statutory retention terms,
 * the handling of disputes,
 * and the establishment, exercise, or defense of legal claims in the countries
   where we do business. 

We retain any contractual relationship information for administrative purposes,
legal and regulatory retention requirements, defending IBM rights, and to manage
IBM's relationship with you. The information that is provided in a supplementary
privacy notice may provide more detailed information on applicable retention
terms.

When personal information is no longer needed, we have processes in place to
securely delete it, for example by erasing electronic files and shredding
physical records.

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YOUR RIGHTS

You have certain rights when it comes to the handling of your personal
information. The Contact Us form in the header of this page can be used to:

 * request access to the personal information that we have on you, or have it
   updated. Depending on the applicable law, you may have additional rights
   concerning your personal information.
 * ask questions related to this Privacy Statement and privacy practices. Your
   message is forwarded to the appropriate member of IBM's Data Privacy Team,
   including the responsible Data Protection Officers.
 * submit a complaint to IBM if you are not satisfied with how IBM is processing
   your personal information.

Your rights may be subject to limitations and exceptions resulting from
applicable laws. For example, there may be situations where we cannot share
certain information that you seek if disclosing this means disclosing
information about others.

You may also have the right to complain to the competent supervisory authority.
Information about additional rights and the right to complain to the competent
supervisory authority can be found here.

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) here.

To set or update your marketing communications preferences, visit the IBM
Privacy Preference Center. You can also submit an opt-out request, or
select Unsubscribe at the end of each marketing email.

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LEGAL BASIS

In some jurisdictions, the lawful handling of personal information is subject to
a justification, sometimes referred to as legal basis. The legal bases that we
rely on for the lawful handling of your personal information vary depending on
the purpose and applicable law.

The different legal bases that we use are:

We rely on this legal basis when we need to process certain personal
information, such as your contact details, payment details, and shipment
details, to perform our obligations or to manage our contractual
relationship with you.

Examples:

 * If you intend to purchase a product or service, we require your business
   contact information to enter into a contract with you or you may need to
   create an IBMid (see Your Account) to access a purchased product online.
 * When fulfilling a contact, you may need to receive support services, for
   which we will need to collect your contact information.
 * We need personal information to consider job applicants or manage the pension
   entitlements of retirees (see Recruitment and Former Employees).

Legitimate interests relate to being able to conduct and organize business,
which includes the marketing of our offerings, protecting our legal interests,
securing our IT environment, or meeting client requirements.
Examples:

 * We capture your use of, and interaction with our websites to improve them.
 * We process your IBMid (see Your Account) to manage access authorization of
   our services.
 * Where we have a contractual relationship with the organization that you are
   working for, we have a legitimate interest to process your personal
   information used to manage this contract.
 * We process your business contact information (see Your Account) in
   combination with other business-relevant information to tailor our
   interactions with you and promote our products and services. We may process
   your contact information together with details of an IBM event you attended
   to develop Marketing and business intelligence.
 * We process the personal information of applicants based on our legitimate
   interest to source suitable talent (see Recruitment and Former Employees).
 * We have to keep our general business operations functional. To this end we
   may, for example, processes the login information of our IT systems and
   networks, or CCTV footage at IBM locations for security and safety purposes.

We may also process personal information where it is necessary to defend our
rights in judicial, administrative, or arbitral proceedings. This also falls
under the legal basis of legitimate interest in countries where they are not a
separate legal basis.

We process personal information for credit protection, which is a specific legal
basis under Brazilian law (LGPD) but is also covered under the legal basis of
legitimate interest in other countries.

The processing is based on your consent where we request this.
Example:

 * the optional use of Cookies and Similar Technologies or email
   of Marketing materials.

Where we need to process certain personal information based on our legal
obligation. Example:

 * We may be obliged to ask for a government-issued ID for certain transactions,
   such as for a financing transaction (see Contractual Relationship).

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PRIVACY STATEMENT UPDATES

If a material change is made to this Privacy Statement, the effective date is
revised, and a notice is posted on the updated Privacy Statement for 30 days. By
continuing to use our websites and services after a revision takes effect, it is
considered that users have read and understand the changes.

Previous versions of the Privacy Statement are available here.


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California Supplemental Privacy Statement





IBM Privacy Policy for Certified IBM Cloud Services





IBM Controller Binding Corporate Rules





IBM Trust Center





IBM Privacy Portal







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