Gigamon 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

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.

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:

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.