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PRIVACY POLICY

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QUMULO, INC. PRIVACY POLICY


EFFECTIVE DATE: JUNE 9, 2020

Qumulo, Inc., Qumulo, Ltd., Qumulo GmbH, and Qumulo Storage Canada, Ltd.
(collectively referred to in this policy as “Qumulo,” “we,” “us,” and “our”)
provides real-time visibility, scale and control of your data across on-prem and
the cloud (“Services”).  Our Privacy Policy (“Privacy Policy”) is designed to
help you understand how we collect, use and share your personal information and
to assist you in exercising the privacy rights available to you.

SCOPE

This Privacy Policy applies to personal information processed by us in our
business, including on our websites, business systems, and other online or
offline offerings (collectively, the “Services”).

CONTENTS

 1. 1. PERSONAL INFORMATION WE COLLECT
    2. HOW WE USE YOUR INFORMATION
    3. DISCLOSING YOUR INFORMATION TO THIRD PARTIES
    4. YOUR CHOICES
    5. DATA RETENTION
    6. SECURITY OF YOUR INFORMATION
    7. CHILDREN’S INFORMATION
    8. OTHER PROVISIONS

 


I.      PERSONAL INFORMATION WE COLLECT

 

The categories of personal information we collect depend on whether you are a
customer, user, applicant or visitor, and the requirements of applicable law.

 

Information You Provide to Us

 

 * Account Creation: When you create, request, or access a user, or corporate,
   account, we may collect your name, email address, phone number, billing
   address, mailing address, title, company, username, and password.
 * Your Communications with Us. We collect personal information from you such as
   email address, phone number, or mailing address when you request information
   about our Services, request customer or technical support, apply for a job or
   otherwise communicate with us.
 * Surveys. We may contact you to participate in surveys.  If you decide to
   participate, you may be asked to provide certain information which may
   include personal information.
 * Public Content. We may offer forums, blogs, or social media pages.  Any
   content you provide on these channels will be considered “public” and is not
   subject to privacy protections.
 * Registration for Sweepstakes or Contests. We may run sweepstakes, giveaways,
   and contests.  Contact information you provide may be used to reach you about
   the sweepstakes or contest and for other promotional, marketing and business
   purposes, if permitted by law.  In some jurisdictions, we are required to
   publicly share information of winners.

 

Information Collected Automatically or From Others

 

 * Automatic Data Collection. We may collect certain information automatically
   when you use the Services.  This information may include your Internet
   protocol (IP) address, user settings, MAC address, cookie identifiers, mobile
   carrier, mobile advertising and other unique identifiers, details about your
   browser, operating system or device, location information, Internet service
   provider, pages that you visit before, during and after using the Services,
   information about the links you click, and other information about how you
   use the Services.  Information we collect may be associated with accounts and
   other devices.

 

In addition, we may automatically collect data regarding your use of our
Services, such as the types of content you interact with and the frequency and
duration of your activities.  We may combine your information with information
that other people provide when they use our Services, including information
about you when they tag you.

 

 * Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based
   Advertising technologies. We, as well as third parties that provide content,
   advertising, or other functionality on the Services, may use cookies, pixel
   tags, local storage, and other technologies (“Technologies”) to automatically
   collect information through the Services.  Technologies are essentially small
   data files placed on your computer, tablet, mobile phone, or other devices
   that allow us and our partners to record certain pieces of information
   whenever you visit or interact with our Services.
   * Cookies. Cookies are small text files placed in visitors’ computer browsers
     to store their preferences.  Most browsers allow you to block and delete
     cookies.  However, if you do that, the Services may not work properly.
   * Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece
     of code embedded in the Services that collects information about users’
     engagement on that web page.  The use of a pixel allows us to record, for
     example, that a user has visited a particular web page or clicked on a
     particular advertisement.

 

For more information about our use of cookies, including the cookies on our
website, please see our Cookie Policy at
https://qumulo.com/legal/cookie-policy/.

 

 * Analytics. We may also use Google Analytics, LinkedIn Analytics, and other
   service providers to collect information regarding visitor behavior and
   visitor demographics on our Services.  For more information about Google
   Analytics, please visit google.com/policies/privacy/partners/.  You can opt
   out of Google’s collection and processing of data generated by your use of
   the Services by going to http://tools.google.com/dlpage/gaoptout. For more
   information about LinkedIn Analytics, please visit
   https://www.linkedin.com/legal/privacy-policy. To learn more about how to
   opt-out of LinkedIn’s use of your information, please click here.
 * Information from Other Sources. We may obtain information about you from
   other sources, including through third party services and organizations to
   supplement information provided by you. Information we collect through these
   services may include your name, your user identification number, your user
   name, location, gender, birth date, email, profile picture, and your contacts
   stored in that service.  This supplemental information allows us to verify
   information that you have provided to us and to enhance our ability to
   provide you with information about our business, products, and Services.

 


II.     HOW WE USE YOUR INFORMATION

 

We use your information for a variety of business purposes, including to:

 

Fulfil our contract with you and provide you with our Services, such as:

 

 * Managing your information and accounts;
 * Providing access to certain areas, functionalities, and features of our
   Services;
 * Communicating with you about your account, activities on our Services and
   policy changes;
 * Undertaking activities to verify or maintain the quality or safety of a
   service;
 * Processing your financial information and other payment methods for products
   or Services purchased;
 * Providing advertising, analytics and marketing services;
 * Providing Services on behalf of our customers, such as maintaining or
   servicing accounts, providing customer service, and verifying customer
   information;
 * Processing applications and transactions; and
 * Allowing you to register for events.

 

Analyze and improve our Services pursuant to our legitimate interest, such as:

 

 * Detecting security incidents, protecting against malicious, deceptive,
   fraudulent or illegal activity, and prosecuting those responsible for that
   activity;
 * Measuring interest and engagement in our Services and short-term, transient
   use, such as contextual customization of ads;
 * Undertaking research for technological development and demonstration;
 * Researching and developing products, services, marketing or security
   procedures to improve their performance, resilience, reliability or
   efficiency;
 * Improving, upgrading or enhancing our Services;
 * Developing new products and Services;
 * Ensuring internal quality control;
 * Verifying your identity and preventing fraud;
 * Debugging to identify and repair errors that impair existing intended
   functionality;
 * Enforcing our terms and policies; and
 * Complying with our legal obligations, protecting your vital interest, or as
   may be required for the public good.

 

Provide you with additional content and Services, such as:

 

 * Furnishing you with customized materials about offers, products, and Services
   that may be of interest, including new content or Services;
 * Auditing relating to interactions, transactions and other compliance
   activities; and
 * Other purposes you consent to, are notified of, or are disclosed when you
   provide personal information.

 

Use of De-identified and Aggregated Information.  We may use personal
information and other data about you to create de-identified and aggregated
information, such as de-identified demographic information, de-identified
location information, information about the computer or device from which you
access our Services, or other analyses we create.

 

Share Content with Friends or Colleagues.  Our Services may offer various tools
and functionalities.  For example, we may allow you to provide information about
your friends or colleagues through our referral services.  Our referral services
may allow you to forward or share certain content with a friend or colleague,
such as an email inviting your friend to use our Services.

 

How We Use Automatic Collection Technologies.  We, as well as third parties that
provide content, advertising, or other functionality on the Services, may use
cookies, pixel tags, local storage, and other technologies to automatically
collect information through the Services.  Our uses of these Technologies fall
into the following general categories:

 

 * Operationally Necessary. This includes Technologies that allow you access to
   our Services, applications, and tools that are required to identify irregular
   site behavior, prevent fraudulent activity and improve security or that allow
   you to make use of our functionality.
 * Performance Related. We may use Technologies to assess the performance of our
   Services, including as part of our analytic practices to help us understand
   how our visitors use the Services.
 * Functionality Related. We may use Technologies that allow us to offer you
   enhanced functionality when accessing or using our Services.  This may
   include identifying you when you sign into our Services or keeping track of
   your specified preferences, interests, or past items viewed.
 * Advertising or Targeting Related. We may use first party or third-party
   Technologies to deliver content, including ads relevant to your interests, on
   our Services or on third party sites.

 

More information about each category may be found in our Cookie Policy,
available at https://qumulo.com/legal/cookie-policy/.

 

Notice Regarding Third Party Websites, Social Media Platforms.  The Services may
contain links to other websites, and other websites may reference or link to our
website or other Services.  These other websites are not controlled by us.  We
encourage our users to read the privacy policies of each website and application
with which they interact.  We do not endorse, screen or approve and are not
responsible for the privacy practices or content of such other websites or
applications.  Visiting these other websites or applications is at your own
risk.

 

Our Services may include publicly accessible blogs, forums, social media pages,
and private messaging features.  By using such Services, you assume the risk
that the personal information provided by you may be viewed and used by third
parties for any number of purposes.  In addition, social media buttons such as
Facebook, LinkedIn (that might include widgets such as the “share this” button
or other interactive mini-programs) may be on our site.  These features may
collect your IP address, which page you are visiting on our site, and may set a
cookie to enable the feature to function properly.  These social media features
are either hosted by a third party or hosted directly on our site.  Your
interactions with these features apart from your visit to our site are governed
by the privacy policy of the company providing it.

 



 


III.   DISCLOSING YOUR INFORMATION TO THIRD PARTIES

 

Except as provided below, we do not disclose or sell your personal information.

 

 

 

Service Providers.  We may share any personal information we collect about you
with our third-party service providers.  The categories of service providers
(processors) to whom we entrust personal information include: IT and related
services; information and analytic services; payment processors; customer
service providers; sales and marketing services; and vendors to support the
provision of the Services.

 

Business Partners.  We may provide personal information to business partners
with whom we jointly offer products or services.  In such cases, our business
partner’s name will appear along with ours on our Partners webpage, available at
https://qumulo.com/partners/, and when you purchase our products or Services.

 

Affiliates.  We may share personal information with our affiliated companies.

 

Advertising Partners.  Through our Services, we may allow third party
advertising partners to set Technologies and other tracking tools to collect
information regarding your activities and your device (e.g., your IP address,
mobile identifiers, page(s) visited, location, time of day).  We may also
combine and share such information and other information (such as demographic
information and past purchase history) with third party advertising partners. 
These advertising partners may use this information (and similar information
collected from other websites) for purposes of delivering targeted
advertisements to you when you visit third party websites within their
networks.  This practice is commonly referred to as “interest-based advertising”
or “online behavioral advertising.  We may allow access to other data collected
by the Services to share information that may be useful, relevant, valuable or
otherwise of interest to you.  If you prefer not to share your personal
information with third party advertising partners, you may follow the
instructions below.

 

Disclosures to Protect Us or Others.  We may access, preserve, and disclose any
information we store associated with you to external parties if we, in good
faith, believe doing so is required or appropriate to: comply with law
enforcement or national security requests and legal process, such as a court
order or subpoena; protect your, our or others’ rights, property, or safety;
enforce our policies or contracts; collect amounts owed to us; or assist with an
investigation or prosecution of suspected or actual illegal activity.

 

Disclosure in the Event of Merger, Sale, or Other Asset Transfers.  If we are
involved in a merger, acquisition, financing due diligence, reorganization,
bankruptcy, receivership, purchase or sale of assets, or transition of service
to another provider, then your information may be sold or transferred as part of
such a transaction, as permitted by law and/or contract.

 

International Data Transfers. You acknowledge that all information processed by
us may be transferred, processed, and stored anywhere in the world, including
but not limited to, the United States or other countries, which may have data
protection laws that are different from the laws where you live.  We have taken
appropriate safeguards to require that your personal information will remain
protected and require our third-party service providers and partners to have
appropriate safeguards as well.  Further details can be provided upon request.

 

We have disclosed the following categories of personal information for a
business purpose over the past 12 months:

 

 

 

 * Personal identifiers (e.g., a real name, alias, postal address, IP address,
   account name, email address, etc.);
 * Personal information categories (e.g., name, signature, social security
   number, physical characteristics, financial information, etc.);
 * Protected classification characteristics (e.g., age (40 years or older),
   race, ethnicity, citizenship, religion, sex, etc.);
 * Commercial information (e.g., records of products or services purchased,
   obtained, or considered, or other purchase histories);
 * Internet or other electronic network activity (e.g., browsing history, search
   history, etc.);
 * Geolocation data (e.g., physical location or movements);
 * Sensory data (e.g., audio, electronic, visual, etc.); and
 * Inference drawn from other personal information to create a profile about a
   consumer (e.g., profile reflecting a consumer’s preferences, characteristics,
   psychological trends, behavior, etc.).

 

 

 

For purposes of the CCPA, we have not sold consumers’ personal information in
the preceding 12 months.

 

 

 



 


IV.   YOUR CHOICES

 

General. You have certain choices about your personal information.  Where you
have consented to the processing of your personal information, you may withdraw
that consent at any time and prevent further processing by contacting us as
described below.  Even if you opt out, we may still collect and use non-
personal information regarding your activities on our Services and for other
legal purposes as described above.

 

Email and Telephone Communications. If you receive an unwanted email from us,
you can use the unsubscribe link found at the bottom of the email to opt out of
receiving future emails.  Note that you will continue to receive
transaction-related emails regarding products or Services you have requested. 
We may also send you certain non-promotional communications regarding us and our
Services, and you will not be able to opt out of those communications (e.g.,
communications regarding the Services or updates to our Terms or this Privacy
Policy).

 

We process requests to be placed on do-not-mail, do-not-phone and do-not-contact
lists as required by applicable law.

 

“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set
in certain web browsers.  Please note that we do not respond to or honor DNT
signals or similar mechanisms transmitted by web browsers.

 

Cookies and Interest-Based Advertising. For additional information about how to
stop or restrict the use of cookies or Technologies on your device, please see
our Cookie Policy, available at https://qumulo.com/legal/cookie-policy/. You can
also learn more about targeted advertising and consumer choice and privacy, at
www.networkadvertising.org/managing/opt_out.asp,
http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and
www.aboutads.info/choices/.

 

 

 

Your Privacy Rights.  In accordance with applicable law, you may have the right
to:

 

 * Access to/Portability of personal data about you consistent with legal
   requirements. In addition, you may have the right in some cases to receive or
   have your electronic Personal Data transferred to another party.
 * Request Correction of your personal information where it is inaccurate or
   incomplete. In some cases, we may provide self-service tools that enable you
   to update your personal information or we may refer you to the controller of
   your personal information who is able to make the correction.
 * Request Deletion of your personal information, subject to certain exceptions
   prescribed by law.
 * Request restriction of or object to processing of your personal information,
   including the right to opt in or opt out of the sale of your Personal Data to
   third parties, if applicable, where such requests are permitted by law.

 

If you would like to exercise any of these rights, please contact us as set
forth below.  We will process such requests in accordance with applicable laws. 
To protect your privacy, we will take steps to verify your identity before
fulfilling your request.

 



 


V.    DATA RETENTION

 

We store the personal information we receive as described in this Privacy Policy
for as long as you use our Services or as necessary to fulfill the purpose(s)
for which it was collected, provide our Services, resolve disputes, establish
legal defenses, conduct audits, pursue legitimate business purposes, enforce our
agreements, and comply with applicable laws.

 



 


VI.   SECURITY OF YOUR INFORMATION

 

We take steps to ensure that your information is treated securely and in
accordance with this Privacy Policy.  Unfortunately, no system is 100% secure,
and we cannot ensure or warrant the security of any information you provide to
us.  To the fullest extent permitted by applicable law, we do not accept
liability for unintentional disclosure.

 

By using the Services or providing personal information to us, you agree that we
may communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of the Services.  If we learn of a
security system’s breach, we may attempt to notify you electronically by posting
a notice on the Services, by mail or by sending an e-mail to you.

 



 


VII. CHILDREN’S INFORMATION

 

The Services are not directed to children, as defined by applicable local law,
and we do not knowingly collect personal information from children.  If you
learn that your child has provided us with personal information without your
consent, you may contact us as set forth below.  If we learn that we have
collected any personal information in violation of applicable law, we will
promptly take steps to delete such information and terminate the child’s
account.

 



 


VIII.        OTHER PROVISIONS

 

Supervisory Authority. If you are located in the European Economic Area or the
UK, you have the right to lodge a complaint with a supervisory authority if you
believe our processing of your personal information violates applicable law.

 

Changes to Our Privacy Policy. We may revise this Privacy Policy from time to
time in our sole discretion.  If there are any material changes to this Privacy
Policy, we will notify you as required by applicable law.  You understand and
agree that you will be deemed to have accepted the updated Privacy Policy if you
continue to use the Services after the new Privacy Policy takes effect.

 


IX.        CONTACT US

 

If you have any questions about our privacy practices or this Privacy Policy, or
if you wish to submit a request to exercise your rights as detailed in this
Privacy Policy, please contact us at:

 

Attn: Data Privacy Office
dataprivacyoffice@qumulo.com

 

1501 4th Ave., Suite 1600
Seattle, WA 98101 USA

 



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