Gigamon Privacy Policy

Gigamon Privacy Policy

Applicability Of This Privacy Policy

This Privacy Policy (“Policy”) describes how Gigamon Inc. and its subsidiaries (collectively “Gigamon” or “we” or “our” “us”) collects, uses and discloses Personal Data from users of our websites (www.gigamon.com, www.community.gigamon.com, www.gigamoncp.force.com, etc. collectively “Websites”), event participation, phone calls, emails, physical mail, job applications, other business interactions and situations where Gigamon is the data controller and from the use of Gigamon hardware, and software products, and professional services where Gigamon is the data processor (collectively “Offerings”). If required, we will provide separate or additional notices at the time of collection. For purposes of this Policy, the terms “user,” “you,” and “your” are meant to refer to the individuals (including individual personnel of Customers or prospective Customers) about whom we may collect Personal Data, and at times may be used within this Policy interchangeably.  “Customer” refers to the entity that purchases/uses our Offerings. 

Personal Data We Collect And Receive

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

• Contact information and identifiers. If you create an account through our Websites, engage with us through our webinars or other marketing opportunities, purchase or use our Offerings, request support and maintenance for our Offering, refer someone to us or are referred to us, or otherwise contact us, we collect contact information from you and the company that you represent (e.g., your name, title, organization, address, email address, phone number, etc.), in addition to any attachments or additional information you may have included in your communication.
• Order information. If your employer/our Customer purchases or uses our Offerings, we collect payment and shipping information including billing contact information, payment method, shipping address, shipping contact information, etc.
• Cookies and online identifiers. If you engage with our Websites or Offerings, we may collect a device identifier, an Internet Protocol address, Customer number, unique pseudonym, or user alias. We may also use cookies and other technologies such as pixel tags, mobile ad identifiers and web beacons to collect Personal Data. A cookie is a small piece of data that may be stored on your computer or mobile device. It allows a website to “remember” your actions or preferences over a period of time. You can refuse non-essential cookies by turning them off in your browser. For more information, you can visit our Cookies Policy here.
  
• The Websites may also use:
  • Marketo, a marketing automation tool by Marketo, Inc. to track interest in our Websites and Offerings (“Marketo”). Marketo’s privacy policy is located at https://documents.marketo.com/legal/privacy/.
  • 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 at https://clearbit.com/privacy
  • Adobe Experience Manager, Adobe Analytics, Adobe Target to perform analtics on our Website (“Adobe”). Adobe’s privacy policy is located at https://www.adobe.com/privacy/policy.html
  • 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 https://policies.google.com/technologies/partner-sites.
  • LeadLander, a website visitor analytics service (“LeadLander”). Lead Lander’s privacy policy is located here https://leadlander.com/privacy-policy/.
• Third party data.  We may receive data about organizations, industries, lists of companies that are our Customers or prospective customers, Website visitors, marketing campaign recipients and others (including that of individuals associated with such entities) related to our business from parent corporation(s), affiliates and subsidiaries, channel partners, or vendors. We use such data to make our own information more useful and market our Offerings. For example, to understand how well an online marketing or email campaign performed we may combine information we collect directly with aggregate-level data, such as which IP addresses correspond to zip codes or countries.
• Interactive features. Gigamon’s Websites and Offerings may include interactive features (such as community forums) that allow you to disclose Personal Datadirectly to others. Your participation in any such forum is completely voluntary and should correlate with the degree of interaction you want to have with other users. Please note that any Personal Data you disclose on such forums will generally be publicly accessible.
• Information in connection with our products.
  
  • Support and maintenance. In order to provide support and maintenance for our products, our Customers may submit support tickets, which will include Personal Data, such as the employee’s name and position who is opening the support ticket.
  • For more advanced support and maintenance troubleshooting, Customer may provide network access to our support engineers or professional services team, or transmit select packet capture data to our support team and as a result we will have access to files and/or metadata associated with packets traveling through the Customer’s network for the sole purpose of providing support or delivering professional services. This data may contain domain, file or user names, and depending on the naming conventions used by the originator of the packet to which the metadata pertains, may include Personal Data.
  • Event/Usage Data. Gigamon’s SaaS products generate Event/Usage Data, which consists of (a) metadata collected or produced during the course of providing the products; (b) any statistical data about the functioning of the products or Customer’s use of the products, and (c) any file, code or data that is potentially malicious or harmful or that is potentially related to unauthorized third parties, in each case as collected or identified during the course of providing the products, which may include without limitation, malware, spyware, viruses, worms, Trojan horses, URLs, DNS data, network telemetry, and network packet data. The metadata will contain source and destination IP addresses and to the extent that Customer’s network environment has unique naming conventions or configurations, the Event/Usage Data could potentially include Personal Data.

You are not required to provide any Personal Data to Gigamon but if you do not provide certain Personal Data to us, you may not be able to use our Websites or Offerings and we may not be able to authenticate and assist you with your inquiries or requests.

To the extent information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection laws, it is referred to in this Privacy Policy as “Personal Data.”

How We Use Personal Data

We use Personal Data in furtherance of our and our Customers’ legitimate interests in operating our Websites, Offerings and business. More specifically, we use Personal Data:

• To provide, update, maintain and protect our Websites, Offerings, and business. This includes use of Personal Data to support delivery and support of the Offerings under a Customer agreement, to address security or technical issues, analyze and monitor usage, trends and other activities.
• As required by applicable law, legal process or regulation.
• To communicate with our Customers by responding to support and maintenance or other requests, comments and questions. If you contact us on behalf of a Customer, we may use your Personal Data to respond.
• To develop and improve our Websites and Offerings.
• To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in Offerings that you have purchased from us. These communications are considered part of the Offering and you may not opt out of them. 
• For direct marketing purposes we may send emails about new Websites or Offerings, promotional communications or other news about Gigamon. These are marketing messages so you can control whether you receive them. If you have additional questions about a message you have received from Gigamon, please reach out through the contact mechanisms described at the bottom of this Policy.
• For employment purposes. If you submit an employment application, we will use  your Personal Data to administer and evaluate your application and comply with obligations we have in relation to your application, including confirming your eligibility to work in a given location.
• For billing, account management and other administrative matters. Gigamon may need to contact you for invoicing, account management, and similar reasons and we use your Personal Data to administer accounts and keep track of billing and payments.
• To investigate and help prevent security issues and abuse.

If Personal Data is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person, Gigamon may use it for any business purpose. 

Data Retention

We generally retain Personal Data for as long as needed for the specific business purpose or purposes for which it was collected. In some cases, we may be required to retain Personal Data for a longer period of time based on laws or regulations that apply to our business or for other necessary business purposes. 

How We Share And Disclose Personal Data

We may share and disclose your Personal Data in the following scenarios:

• Upon your instruction.
• To our business partners such as system integrators, distributors, resellers and channel partners, and our subsidiaries, so they can provide you with information you have requested about one of our Websites or Offerings, or to follow up on a sales lead.
• To our third-party service providers, who act on our behalf and instruction to fulfill Offering obligations, provide IT, provide billings and corporate functions, and to fulfill other purposes such as marketing and advertising.
• To a prospective or actual purchaser or seller in the context of a merger, acquisition or other reorganization or sale of our business or assets.
• As required by applicable law, including, without limitation, in response to any government or regulatory agency request, to cooperate with law enforcement investigations, or upon receipt of any court order. To courts and public authorities to protect you, us, or third parties from harm, including fraud or instances where somebody’s physical safety is at risk.
• With your consent.  

We may provide links to other third-party websites and services that are outside our control and not covered by this Policy. We encourage you to learn about the privacy practices of those third parties.

Security

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement physical, administrative and technical safeguards designed to protect your Personal Data from unauthorized access, use or disclosure. 

Age Limitations

Gigamon Websites  and Offerings are not intended for use by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with Personal Data, please contact us and we will take steps to delete such Personal Data.

Changes To This Privacy Policy

This Policy is effective as of July 1, 2020. We reserve the right to change, modify, add or remove portions of this Policy from time to time and will provide you with notice when significant updates are made or as required by applicable law. We recommend that you regularly revisit this Policy to learn of any such changes.

International Data Transfers & Privacy Shield Participation

Gigamon may transfer your Personal Data to countries other than the one in which you live.

Gigamon participates in and has certified compliance with the EU-U.S. Privacy Shield Framework. We are committed to subjecting Personal Data received from the European Economic Area (EEA) in reliance on the Privacy Shield Framework to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.

We are responsible for the processing of Personal Data we receive under the Privacy Shield Framework. We comply with the Privacy Shield Principles for all onward transfers of Personal Data from the EEA, including the onward transfer liability provisions. With respect to all such transfers, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Under certain conditions, more fully described on the Privacy Shield website here, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. If you have any have any questions or complaints please contact us using the contact details provided at the bottom of this Policy. 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.

Identifying The Data Controller And Processor

Data protection laws in certain jurisdictions differentiate between “controller” and “processor” of Personal Data.

If you are using our Websites, the data controller is the Gigamon.

If you are communicating with the personnel of a Gigamon entity in-person or via phone, email or physical mail regarding a billing or order matter or a marketing communication, the data controller is the Gigamon entity with whom you are communicating.  

In situations in which Personal Data is processed by Gigamon in connection with our products or professional services, including in connection support and maintenance for a Gigamon product, the data controller is the Customer and Gigamon is the data processor.

Where Gigamon Inc. is the controller of your Personal Data, as described above, you can reach us at: 3300 Olcott Street, Santa Clara, CA 95054, or our toll free number: (855) 430-0813, or privacy@gigamon.com.

If you are using our products, data protection roles and obligations are outlines in our standard data processing addendum  here: https://www.gigamon.com/data-protection-agreement.html.

Your Rights

If you are receiving our commercial email communications and no longer wish to receive them, please click on the “opt-out” link in the communication or please contact us at privacy@gigamon.com.

Individuals located in certain countries, including the European Economic Area and the United Kingdom, have certain statutory rights in relation to their Personal Data. Subject to any exemptions provided by law, you may have the right to request access to Personal Data, as well as to seek to update, delete or correct this Personal Data or have such Personal Data transferred to you in a commonly machine readable format. You also have the right to restrict or object to our processing of your Personal Data, subject to lawful exemptions. You can exercise your rights by emailing privacy@gigamon.com.

Individuals located in certain countries, including the European Economic Area and the United Kingdom, subject to applicable law, also have the right to lodge a complaint with your local data protection authority. If you are a resident of the United Kingdom and believe we maintain your Personal Data within the scope of the applicable laws relating to Personal Data in the United Kingdom, you may direct questions or complaints to privacy@gigamon.com or to the UK supervisory authority, Information Commissioner’s Office.

To the extent that Gigamon’s processing of your Personal Data is subject to the General Data Protection Regulation (or applicable laws covering the processing of Personal Data in the United Kingdom), Gigamon relies on the legal basis of its or its Customer's legitimate interests to process your Personal Data. Gigamon may also process your Personal Data for direct marketing purposes, and you have a right to object to Gigamon’s use of your Personal Data for direct marketing purposes at any time by please clicking on the “opt-out” link in the communication or contacting us at privacy@gigamon.com.

Your California Privacy Rights

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see the Personal Data We Collect And Receive  section above. We collect this information for the business and commercial purposes described in the How We Use Personal Data  section above. We share this information with the categories of third parties described in the How We Share and Disclose Personal Data section above. Gigamon does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Further, Gigamon does not provide financial incentive or discounting in exchange per your personal information. Please note that we do use third-party cookies for our advertising purposes as further described in our Cookie Policy.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

California consumers (or their authorized agent) may make a request pursuant to their rights under the CCPA by contacting us at privacy@gigamon.com or calling our toll free number: (855) 430-0813.  We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Contact Us

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding our privacy practices described in this Policy. You may send us an e-mail at: privacy@gigamon.com, write to Gigamon Inc., ATTN: Privacy Office/Legal Department: 3300 Olcott Street, Santa Clara, California 95054, or us call using this toll free number: (855) 430-0813.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.