Gigamon Privacy Policy

Gigamon Privacy Policy

Applicability Of This Privacy Policy

This Privacy Policy (“Policy”) describes how Gigamon Inc. and its affiliates and subsidiaries (collectively “Gigamon” or “we” or “our”) collects, uses and discloses information 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 controller (“Services”), and from the use of our hardware, software, and professional services (collectively “Offerings”). For purposes of this Policy, the terms “user,” “you,” and “your” are meant to refer to the individuals (including individual personnel at Customers) about whom we may collect information, and at times may be used within this Policy interchangeably.  “Customer” refers to the entity that purchases/uses our Offerings. 

Information We Collect And Receive

We collect the following categories of information (collectively “Information”):

• Contact Information. If you create an account through our Websites, engage with us through our Services, order our Offerings, request support and maintenance for our Offering, 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 you order our Offerings, we collect payment and shipping information including billing contact information, payment method, shipping address, shipping contact information, etc.
• Metadata from select support and maintenance and select Offering (product specific):
  • Support and maintenance metadata. In select circumstances and only upon Customer’s initiation and direction, Customer may provide network access to Vendor’s Support Engineers or Professional Services Team, or transmit select packet capture data (including metadata) to Vendor’s Support Team and as a result Vendor will have access to metadata associated with packets traveling through Customer’s network for the sole purpose of providing Support or delivering Gigamon Professional Services. This metadata 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.
  • Usage Data (applies to ThreatINSIGHT SaaS only). Metadata generated through the sensor may include, among other things, a unique identifier per event, time and date, sensor and Customer IDs, and source and destination IP addresses.  The unique identifier cannot be mapped to a Customer without additional secured access to logically separate system within the Insight Systems. The metadata may also contain domain, file, or user names, or other metadata associated with parsed network protocols.  Depending on the Customer’s naming conventions, these fields could contain Personal Data.
• Cookies. If you engage with our Websites, we may use cookies and other technologies such as pixel tags and web beacons to collect the information. 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 do not need to have cookies turned on to visit or use Website. You can refuse cookies by turning them off on your browser. For more information, you can visit our Cookies Policy here.
• Third Party Data.  We may receive data about organizations, industries, lists of companies that are  our Customers, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners, or others that we use to make our own information better or more useful, for example, how well an online marketing or email campaign performed. This data may be combined with Information we collect and might include aggregate-level data, such as which IP addresses correspond to zip codes or countries.
• Interactive Features. Gigamon’s Websites, Services, and Offerings may include interactive features (such as community forums) that allow you to disclose information directly 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 Information you disclose on such forums will generally be publicly accessible.

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

How We Use Information

We use Information in furtherance of our legitimate interests in operating our Websites, Services, Offerings and business. More specifically, we use Information:

• To provide, update, maintain and protect our Website, Services, Offerings, and  business. This includes use of Information to support delivery of the Offerings under a Customer Agreement, to address security or technical issues, analyze and monitor usage, trends and other activities, or at a User’s request.
• As required by applicable law, legal process or regulation.
• To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Information to respond.
• To develop and improve our Websites, Services 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 our Offerings. These communications are considered part of the Offering and you may not opt out of them. In addition, we sometimes send emails about new product features, 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 below.
• For employment purposes. If you submit an employment application, we will use  your Information 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 Information to administer accounts and keep track of billing and payments.
• To investigate and help prevent security issues and abuse.

If Information 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. 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” and shall be used in accordance with applicable data protection laws.

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. Where possible, we aim to anonymize the information or remove unnecessary identifiers from records that we may need to keep for periods beyond the original retention period.

How We Share And Disclose Information

We may share and disclose your Information in the following scenarios:

• Upon your instruction.
• To our business partners such as system integrators, distributors, resellers and channel partners, and our subsidiaries (see here), so they can provide you with information you have requested on a Service or Offering, or to follow up on a sales lead.
• To our third-party service providers, who act on our behalf and instructions to fulfill Offering orders, deliver Services, provide IT, provide billings and corporate functions, and to fulfill the other purposes set forth above.
• 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

We implement physical, administrative and technical safeguards designed to protect your Information from unauthorized access, use or disclosure. We also contractually require recipients of your Information to protect such information from unauthorized access, use and disclosure. The Internet, however is never 100% secure or error-free, and we cannot ensure or warrant the security of any Information you provide to us.

Age Limitations

Gigamon Websites, Services 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 information, please contact us and we will take steps to delete such information.

Changes To This Privacy Policy

This Policy is effective as of January 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 of such updates as required by applicable law. To the extent we wish to use your Information other than for the purpose it was collected, we will notify you of that other purpose and seek your consent as required by applicable data protection laws. We recommend that you regularly revisit this Policy to learn of any changes.

International Data Transfers

Gigamon may transfer your Personal Data to countries other than the one in which you live. We deploy the following safeguards if Gigamon transfers Personal Data from jurisdictions with differing data protection laws:

• European Union Model Clauses. Gigamon relies on a formal decision by the European Commission that a certain country ensures an adequate level of protection for personal data by entering into appropriate data transfer agreements based on language approved by the European Commission, such as the Standard Contractual Clauses (2010/87/EC and/or 2004/915/EC), which are available upon request from privacy@gigamon.com;
• A copy of our standard data processing addendum, incorporating Model Clauses, is available here: https://www.gigamon.com/data-protection-agreement.html   

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 Website or Service, the data controller is the Gigamon entity operating such Website or Service, which will be identified in the terms and privacy disclosures relating to that Service.

If you are communicating with the personnel of a Gigamon entity in-person or via phone, email or mail, the data controller is the Gigamon entity with whom you are communicating and any other Gigamon entity with whom you or your organization does business.

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, telephone: 408-831-4000, or privacy@gigamon.com.

For a full list of the names and contact details of Gigamon entities please see here. 

If you are using the Offerings, data protection roles 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 Information, as well as to seek to update, delete or correct this Information. You can do this by emailing your request to 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 (i) restrict Gigamon’s use of Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority. Once the United Kingdom is no longer a Member State of the European Union, 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 the UK supervisory authority, the 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 legitimate interests to process your Personal Data. Gigamon may also process Information that constitutes your Personal Data for direct marketing purposes, and you have a right to object to Gigamon’s use of your Personal Data for this purpose at any time.

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 Information We Collect And Receive  section above. We collect this information for the business and commercial purposes described in the How We Use Information  section above. We share this information with the categories of third parties described in the How We Share and Disclose Information 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). 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 may make a request pursuant to their rights under the CCPA by contacting us at privacy@gigamon.com.  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 the information practices described in this Policy. You may send us an e-mail to privacy@gigamon.com, write to Gigamon Inc., ATTN: Privacy Office: 3300 Olcott Street, Santa Clara, California 95054, or call using this telephone number: 408-831-4000.