In this Privacy Policy (“Policy”), Gigamon Inc., on behalf of itself and its affiliates and subsidiaries (“Gigamon” or “we”) provides information about how we collect, use and disclose personal data about you. We use the term “personal data” to mean any information relating to an identified or identifiable individual. To see a list of all of Gigamon entities, please see here. If you are located in the European Economic Area (“EEA”), please also see our Supplemental GDPR Privacy Statement below.
Scope
This Policy applies to our collection, use and disclosure of personal data received via the following channels:
- Any websites, products, services, software and programs that we operate and on or in which we post a direct link to this Policy or refer to within this Policy (collectively our “Services”); and
- Face-to-face, phone, email, mail or other business interactions with individual representatives of customers, vendors or other businesses interested in our products and services.
Consent
This section does not apply if you are based in the EEA or Switzerland. If you access or use our Services or otherwise actively provide us with your personal data, you agree that we may collect, use and process your personal data as outlined in this Privacy Policy and as permitted by applicable law. If you do not agree to the terms of this Policy, please do not use our Services or provide us with any personal data.
What Types of Personal Data Do We Collect?
Information You Actively Submit on our Services. If you create an account, order products, register for services, or otherwise send us data through our Services, we collect personal data about you and the company or other entity you represent (e.g., your name, organization, address, email address, phone number and fax number). You may also provide information specific to your interaction with our Services, such as payment information to make a purchase, shipping information to receive a purchase, or a resume to apply for employment. In such instances, you will know what data is collected, because you will actively submit it.
Information Passively Submitted on our Services. We may use cookies, and other technologies such as pixel tags and web beacons to collect the information described above. 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. We use cookies to assist us in understanding how you use the website so it can be updated and improved based on your needs, and to provide relevant information in an easily accessible format. You do not need to have cookies turned on to visit or use our Services. You can refuse cookies by turning them off on your browser; for information on how to do so, please visit http://www.allaboutcookies.org/. For more information, you can visit our Cookies Policy here.
Information You Actively Submit in Person or via Email, Mail or Phone. We may also collect your personal data outside of the Services in various business situations, such as if you speak with our personnel at a trade show or industry event, call us for phone-based customer service, or email or mail our personnel for business purposes. In these circumstances, we may collect and process your contact information (e.g., name, email address, phone number and business address), information about your business and its interactions with us, and any other personal data you actively provide to us. In such instances, you will know what data is collected, because you will actively submit it.
How Do We Use Your Personal Data?
We offer our websites, products and Services to business customers. Our Services are not intended or suited for consumers, children or private, family or household purposes.
We use personal data that we collect about you to:
- Upon request, create an account for you or the organization for which you work;
- Enable you to use online interactive forums we may offer;
- Fulfill your orders for products and services;
- Update your account, orders and transactions;
- Discharge our contractual obligations to you;
- Provide requested services and information;
- Respond appropriately to your inquiries;
- Comply with any legal obligations that apply to us;
- If you submit an employment application, administer and evaluate your application and comply with statutory obligations we have in relation to your application, including confirming your eligibility to work in a given location; and
- Customize your experience on the Services.
To the extent permitted by applicable law, including in accordance with your consent where required by applicable law, we may engage in the following activities:
- Use your email address to send you information on promotions and events to a designated email address. If you do not wish to receive such marketing emails, you may opt out by declining to receive such emails when registering or at other information collection points on our Services or by following opt-out instructions included in such emails.
- We may collect personal data about you (namely, your position, specialty and publications) from public resources such as company websites or our marketing partners, and combine it with personal data we have collected about you, to complete our customer profile of you in support of our sales and marketing activities.
As mentioned above, our Services may include interactive features (such as 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 personal data you disclose on such forums will generally thereafter be publicly accessible.
We also perform statistical analyses of the users of our Services to improve the content, design and navigation of the Services. In these cases, we use anonymized, aggregate or statistical data that cannot be used to identify you.
To Whom Do We Disclose Your Personal Data?
We will not disclose your personal data to third parties, except in the following circumstances and in accordance with applicable law:
- With your consent;
- To our subsidiaries (see here) and third-party service providers, who act on our behalf and instructions to fulfill product orders, deliver services, provide IT support, and fulfill the other purposes set forth above;
- To our business partners, such as system integrators, distributors, resellers and channel partners, so they can provide you with information you have requested on a product or service, or to follow up on a sales lead;
- 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 a prospective or actual purchaser or seller in the context of a merger, acquisition or other reorganization or sale of our business or assets; and
- 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.
Recipients of your personal data are obliged to adhere to confidentiality requirements no less protective than those set forth herein and will only receive access to your personal data as necessary for us to achieve the above purposes or as permitted by applicable law.
What are Your Choices?
In connection with marketing, promotions or other activities, we may ask you specifically for your consent, or whether you have specific objections against, certain specific uses of your personal data, such as to receive marketing communications. We will respect your choices.
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 webmaster@gigamon.com. Please note that parties other than Gigamon have their own data privacy policies, which may differ from ours and you would have to contact them separately with respect to opt-out requests.
What Rights Do You Have?
If you are located in the EEA, please see the Supplemental GDPR Privacy Statement below. Under applicable laws, you may have rights to access, update, rectify, port or erase certain personal data that we have about you or restrict or object to certain activities in which we engage with respect to your personal data. If you have such rights and your request complies with the requirements under applicable laws, we will give effect to your rights as required by law.
How Do We Secure Personal Data?
We implement physical, administrative and technical safeguards designed to protect your personal data from unauthorized access, use or disclosure. We also contractually require recipients of your personal data 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.
For How Long Do We Retain 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. 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.
Where is Your Personal Data Stored?
When you transfer personal data to us, we generally transfer your personal data to Gigamon Inc. and our other service providers in the United States. In accordance with applicable law and as necessary for us to achieve the purposes set forth above, we may also share your personal data with our affiliates, service providers and business partners in other jurisdictions.
Gigamon Inc. joined the U.S. Safe Harbor program when it was operated by the U.S. Commerce Department and remained certified through July 22, 2017 in accordance with our Safe Harbor Notice (www.gigamon.com/safe-harbor-notice); even after this date, Gigamon Inc. will continue to meet any residual ongoing compliance obligations, as applicable.
Linked Websites
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.
Effective Date, Amendments
This Policy is effective as of May 25, 2018. 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 personal data other than for the purpose it was collected, we will notify you of that other purpose and seek your consent as required. We recommend that users regularly revisit this Policy to learn of any changes.
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 at privacy@gigamon.com, write to Gigamon Inc., 3300 Olcott Street, Santa Clara, California 95054, telephone: 408-831-4000, or write to any of us via the contact details set forth on our affiliates webpage.
Supplemental GDPR Privacy Statement
European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“EU GDPR”), requires Gigamon to provide additional and different information about its data processing practices to data subjects in the European Economic Area (“EEA”).
Scope
If you are located in a member state of the EEA and access the Services or otherwise provide us with your personal data in-person or via phone, email or mail, this Supplemental GDPR Privacy Statement applies to you.
Who is the Data Controller?
If you are using an Online Service, the data controller is the Gigamon entity operating such Online Service, which will be identified in the terms and privacy disclosures relating to that Online 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.
Gigamon Inc. 3300 Olcott Street, Santa Clara, CA 95054, telephone: 408-831-4000 is also a controller of your personal data to achieve the business-related purposes set forth above.
For a full list of the names and contact details of Gigamon entities and, if applicable, our GDPR-specific representative and data protection officer, please see here.
What is our Legal Basis for Processing Your Personal Data?
We rely on the following legal bases to process your personal data, as appropriate:
- The processing is necessary for us to perform a contract with you or take steps at your request prior to entering into a contract, pursuant to Article 6(1)(b) of the EU GDPR (“Contract Performance Legal Basis”);
- The processing is necessary for us to comply with an applicable legal obligation, pursuant to Article 6(1)(c) of the EU GDPR (“Legal Obligation Legal Basis”);
- The processing is necessary to protect your vital interests or those of another natural person, pursuant to Article 6(1)(d) of the EU GDPR (“Vital Interests Justification”);
- The processing is necessary for us to realize a justified interest based on an assessment of our legitimate interests and your privacy and other fundamental interests, pursuant to Article 6(1)(f) of the EU GDPR (“Legitimate Interest Legal Basis”); and
- The processing is performed according to your consent pursuant to Article 6(1)(a) of the EU GDPR (“Consent Legal Basis”).
The specific legal bases on which we rely for each of the purposes for which we process your personal data and any related transfers to our service providers are set forth below:
| Processing Purpose | Legal Basis |
|---|---|
Upon request, create an account for you or the organization for which you work; Enable you to use online interactive forums we may offer; Fulfill your orders for products and services; Update your account, orders and transactions; and Discharge our contractual obligations to you. |
Contract Performance Legal Basis based on our Terms of Service, Terms of Sale or other applicable contract. |
Provide requested services and information; and Respond appropriately to your inquiries. |
If your request or inquiry relates to a product or service you have ordered, registered for or otherwise contracted for, Contract Performance Legal Basis based on our Terms of Service or other applicable contract. If we are legally obligated to respond to your request or inquiry, Legal Obligation Legal Basis. In all other cases, Legitimate Interest Legal Basis as part of our commitment to provide you with good customer service. |
Comply with any legal obligations that apply to us. |
Legal Obligations Legal Basis per applicable laws. |
If you submit an employment application, administer and evaluate your application and comply with statutory obligations we have in relation to your application, including confirming your eligibility to work in a given location. |
We process the personal data you submit in your initial submission on the basis of the Consent Legal Basis. We process any personal data that you provide as part of our follow-on interactions with you to comply with our legal obligations, pursuant to the Legal Obligations Legal Basis, and to pursue legitimate interests, including to evaluate your credentials to determine whether to hire you, pursuant to the Legitimate Interest Legal Basis. |
Send you marketing emails to a designated email address. |
Consent Legal Basis. |
Disclose your personal data to our business partners, such as system integrators, distributors, resellers and channel partners.
|
If the processing of your personal data is necessary for us to provide you with a good customer or user experience or enhance the content and relevance of our marketing communications to you, Legitimate Interest Legal Basis based on these legitimate interests. In all other cases, we will obtain your consent and rely on the Consent Legal Basis. |
Disclose your personal data as required by applicable law, such as in response to any government or regulatory agency request, to cooperate with law enforcement investigations, or upon receipt of any court order. |
Legal Obligations Legal Basis per applicable laws. |
Disclose your personal data 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. |
If the confidential processing of your personal data is necessary for us to evaluate or execute such a transaction while protecting our trade secrets or sensitive business information and your privacy interests to do not override such interests, Legitimate Interest Legal Basis based on the pursuit of such legitimate interests. In all other cases, we will obtain your consent and rely on the Consent Legal Basis. |
Disclose your personal data 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. |
If necessary to protect vital interests of a natural person, Vital Interests Justification. If necessary to comply with applicable laws, Legal Obligations Legal Basis per applicable laws. In all other applicable cases, Legitimate Interest Legal Basis to prevent fraud, danger or other unlawful conduct. |
How Do We Protect Your Personal Data in the Context of International Transfers?
Gigamon may transmit some of your personal data to a country where the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction, including the United States. As required by applicable law, Gigamon will provide an adequate level of protection for your personal data using various means, including, where appropriate:
- relying on a formal decision by the European Commission that a certain country ensures an adequate level of protection for personal data (a full list of such decisions may be accessed online here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm);
- 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 at privacy@gigamon.com;
- implementing appropriate physical, technical and organizational security measures to protect personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing; and
- taking other measures to provide an adequate level of data protection in accordance with applicable law.
Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law, such as may be included in the data transfer agreements mentioned above.
What Rights Do You Have?
Under the conditions set out under applicable law (i.e., the EU GDPR), you have the following rights:
- Right to withdraw your consent: If you have declared your consent regarding certain types of processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
- Right of access: You have the right to obtain from us confirmation as to whether your personal data is being processed, and, where that is the case, to request access to the personal data. The access information includes, among other things, the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. You have the right to obtain a copy of the personal data undergoing processing. Subject to applicable law, we may charge a reasonable fee for copies, based on administrative costs.
- Right to rectification: You have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure: You have the right to ask us to erase your personal data to the extent it is not required for legally required purposes.
- Right to restriction of processing: You have the right to request restriction of processing of your personal data, in which case, it would be marked and processed by us only for certain purposes.
- Right to data portability: You have the right to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit the personal data to another entity without hindrance from us.
- Right to object: You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. Exercising this right will not incur any cost. Such a right to object may not exist, in particular, if the processing of your personal data is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
- Right to Submit Complaints: You have a right to lodge a complaint with a supervisory authority.
Please note that these rights may be limited under the applicable national data protection law. To exercise your rights please contact us as stated below.
Your Choices
You are not required to provide any personal data to Gigamon but if you do not provide any personal data to us, you may not be able to use our Services or we may not be able to authenticate and assist you with your inquiries or requests.
You can use our Services and do business with us without consenting to our processing of your personal data for marketing purposes; the only consequence is that our Services and marketing activities will be less tailored to you and you may miss out on relevant business opportunities.
If you are interested in an employment position with Gigamon but do not want to submit your employment application via our website, please do not submit any information or apply for a job through our website. You may alternatively contact us at the contact information provided below for further information on how to apply for a position. We will in any case need to collect certain personal data from you to assess your employment application.
Contact Us
For more information or to exercise your rights as described herein, please contact privacy@gigamon.com or the relevant Gigamon entity controlling your personal data. For a full list of the names and contact details of Gigamon entities and, if applicable, our GDPR-specific representative and data protection officer, please see here.
Changes to this Privacy Statement
Gigamon may amend this Privacy Statement at any time. The “Last Updated” legend at the bottom of this Statement indicates when this Statement was last revised. Any changes will become effective when we post the revised Statement on this Website. Last updated May 25, 2018.
- ©Gigamon 2019