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Commvault Alert

Commvault Platform Release 2023E is Generally Available!

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COMMVAULT PRIVACY POLICY

Commvault Systems, Inc. and its affiliates and subsidiaries (collectively,
“Commvault” “us” “we”) prioritize your data privacy and security. Our Solutions
empower you to control the collection, use, and processing of your data. Any
data collected, used, or shared on a limited basis as a result of your use of
our Solutions, Websites, or Portals (as defined herein) will be in accordance
with this “Privacy Policy”. 



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WHAT DATA WE COLLECT

We are provided with data when our products and services (together, the
“Solutions”) and our websites or portals (either, “Websites”
or “Portals”) are purchased, used, or accessed.  




TYPES OF DATA        

Data that identifies, or can reasonably be used to identify, a person or
household, either directly or indirectly (“Personal Data”) including:

 * Name and business contacts (email address, physical address, phone number,
   title, company)
 * Stored data protected by our Solutions
 * Transactional data necessary for us to make and receive payments and deliver
   the Solutions
 * Information submitted to us by completing forms on our Websites or Portals,
   entering a promotion or survey, subscribing to, commenting on, or downloading
   information from our Websites or Portals, or employment candidate
   applications
 * Recruitment data, as permitted by law, including civil/marital status, date
   of birth, personal contact information, national ID number, immigration
   information, driving license, languages spoken,
   next-of-kin/dependent/emergency contact information, details of any
   disabilities, resumes and CVs, interview and assessment data, vetting and
   verification information (e.g., credit, education, financial sanction and
   background checks), the outcome of your application, employment offer
   details, and other informal data (e.g., opinions generated during the
   application process)
 * Online behavior and preferences collected via cookies and other tracking
   technologies
 * Technical data including electronic identifiers, license entitlement, IP
   addresses, type of domain names and operating systems, logs, time stamps of
   usage activities, account modification and authentication metrics, device
   identifier, geolocation data, browser type and language, access times,
   encrypted passwords and security questions, account history, and other unique
   identifiers
 * Demographic information such as your age, gender, country, interests, and
   preferences, including preferences related to marketing and communications
 * Audio-visual data, where applicable and legally permissible, including CCTV
   footage of our offices or call recordings
   
   


WHY WE USE DATA

Commvault uses data, including Personal Data, for a variety of purposes,
including:

 * Delivery and optimization of our Solutions
 * Providing best-in-class support for our Solutions
 * Optimizing and personalizing the user experience
 * Security, auditing, and marketing purposes
 * Processing payments, invoicing and collections
 * Recruitment and hiring practices

 * Communications about our Solutions, such as renewal notifications or events 
 * Business analytics
 * With your consent and if we intend to use your data for purposes outside the
   scope of this Privacy Policy, or other applicable legal basis, we will seek
   your consent
 * Where necessary to perform or enforce a contract or comply with law
 * Our legitimate business interests, for example, enhancing our Solutions.
   Prior to taking such actions, we conduct an assessment to ensure our
   interests do not override your data privacy rights

To the extent permitted by applicable law, Commvault may use, process, transfer,
and share your data in an anonymous, automated, and aggregated manner. We may
combine such data with other information collected, including information from
third-party sources. By using the Solutions, you acknowledge that we may
collect, use, share and store anonymized and aggregated data for benchmarking,
analytics, metrics, research, reporting, machine learning and other legitimate
business purposes.




HOW WE USE COOKIES, WEB BEACONS, AND OTHER TECHNOLOGIES  

Our Websites and Portals use cookies, web beacons, and other similar
technologies to improve the user experience. Cookies are small text files placed
on a computer by a web server when browsing online and are used to store user
preference data so a web server doesn’t have to repeatedly request this
information. You can review and modify your cookie preferences by clicking on
‘Cookie Preferences’ at the footer of the page. However, you may not be able to
access all or parts of our Solutions, Websites, or Portals if you block certain
cookies. A web beacon is a small pixel incorporated into a web page or email to
keep track of activity on the page or email and helps us manage the content of
our Websites by informing us of what content is effective.




DO NOT TRACK

Commvault does not change its practices in response to Do Not Track signals from
web browsers.




WHEN & WHY WE SHARE YOUR PERSONAL DATA

We do not and will not sell Personal Data to marketers or other vendors and we
do not access the data protected by our Solutions for marketing or other
purposes outside the scope of our Commvault’s Master Terms & Conditions and the
applicable Data Agreements. For the purposes of the California Consumer
Protection Act, the categories of data Commvault may share include identifiers,
customer records information, commercial information, internet or other network
or device activity, and geolocation data. Commvault may share data or categories
of data for the reasons set forth herein with:

 * Commvault Affiliates. Commvault may share data with its affiliates where
   necessary for administrative purposes or to deliver our Solutions. 
 * Partners. Partners provide us with theirs and their customers’ data as part
   of marketing, sale and delivery of the Solutions.   Partner represents and
   warrants they have authorization or the required legal basis to obtain and
   share such data, including Personal Data, with us.
 * Contractors and Service Providers. Commvault may share data, including
   Personal Data, with contracted third-party service providers (“Service
   Providers”). These Service Providers include business partners, payment
   services, advertising networks, IT and security service providers, auditors
   and consultants, customer survey companies, staffing and recruiting agencies,
   and cloud solutions and storage providers. Service Providers with whom we
   share Personal Data are contractually bound to use and disclose such Personal
   Data only for the permitted purposes and to use reasonable security measures
   to protect Personal Data from unauthorized access and use. Service Providers
   may be located outside of the jurisdiction in which you reside and are
   subject to that jurisdiction’s applicable laws.
 * Legal Purposes. Commvault may share data, including Personal Data, as
   necessary to comply with applicable laws, court orders, or governmental
   agencies, to protect our security or integrity and that of our customers and
   partners, or to take precautions against legal liability.
 * Sale. In the event of a merger, consolidation, or acquisition of all,
   substantially all or a portion of Commvault’s business or assets, you
   acknowledge and agree that data may be securely shared, disclosed, and
   transferred to such successor or assignee.
   
   


RETENTION OF DATA

We may retain data, including Personal Data, for as long as necessary to deliver
the Solutions or as needed for other lawful purposes. When your data is no
longer required, we ensure it is destroyed in a secure manner. We may retain
anonymized or aggregated data indefinitely or to the extent permitted under
applicable law.




GLOBAL DATA MANAGEMENT

Commvault Systems, Inc. is located in the U.S. and has global offices. We act
as: (i) a data controller when we collect and process Personal Data for our
legitimate business interests, and (ii) a data processor when we provide certain
of our Solutions to you as the data controller, joint-data controller, or
joint-data processor. Commvault Systems International BV located at
Papendorpseweg 75-79, 3528 BJ Utrecht, Netherlands serves as our main
establishment for the European Union (“E.U.”). Commvault manages your data in
compliance with the E.U.’s General Data Protection Regulation (“GDPR”) and other
applicable data privacy and security laws. By using the Solutions, Websites or
Portals or by providing Personal Data to us, you acknowledge that Personal Data
may be sent to and processed in countries outside your country of residence. For
individuals residing in the European Economic Area (“EEA”) and for Personal Data
subject to GDPR, this may include transfers outside of the EEA. Some of these
countries may not have data protection laws that provide an equivalent level of
data protection as the laws in your country of residence, however we take steps
to ensure Personal Data is handled in accordance with this Privacy Policy and
all applicable laws. Commvault transfers data from the EEA pursuant to Standard
Contractual Clauses, as approved by the European Commission (Art. 46 GDPR). If
you are located in the EEA and would like to execute Standard Contractual
Clauses with Commvault, please visit Data Agreements.   




SECURITY

Commvault maintains administrative, physical, and technical safeguards and
security measures designed to protect data. Details of our data privacy and
security program can be found in Annex II of the applicable Data Processing
Agreement. However, we cannot, and we do not believe that anyone can, genuinely
guarantee or warrant absolute security of Personal Data disclosed or transmitted
via the Internet to us or a third party.




OPT-OUT

You can opt-out of receiving marketing and promotional communications from
Commvault by following the opt-out instructions set forth in such communication
or contacting Commvault Systems, Inc. as set forth below. We will continue to
process Personal Data for the purpose of delivering operational and
service-related communications relating to our Solutions or policies, and other
purposes as permitted by law.




YOUR RIGHTS

You may have certain rights with respect to Commvault’s handling of Personal
Data depending on your geolocation, including without limitation:  

 * Access. You have the right to access your Personal Data held by us. Consumers
   who reside in California may also request the categories of Personal Data we
   collect or disclose, the categories of sources of such Personal Data, the
   business or commercial purpose for collecting that Personal Data, and the
   categories of third parties with whom we share that Personal Data.
 * Rectification. You have the right to request correction of your Personal Data
   that is incomplete, incorrect, unnecessary, or outdated.
 * Right to be Forgotten. You have the right to request erasure of all your
   Personal Data that is incomplete, incorrect, unnecessary, or outdated within
   a reasonable period of time. We will do everything possible to erase your
   Personal Data if you so request. However, we cannot erase all your Personal
   Data if it is technically impossible due to limitations of existing
   technology or for legal reasons, such as legal mandates to retain Personal
   Data.
 * Restriction of Processing. You have the right to request restriction of
   processing your Personal Data for certain reasons, provided we do not have an
   overriding, legitimate interest to continue processing.
 * Data Portability. If requested, we will provide your Personal Data in a
   structured, secure, commonly used, and machine-readable format.
 * Right to Withdraw Consent. If your Personal Data is processed solely based on
   consent, and not based on any other legal basis, you can withdraw consent at
   any time.
 * Contact Data Protection Regulators. You have the right to contact data
   protection regulator(s) regarding our handling of Personal Data.

Additionally, California law provides California consumer residents with the
right to not be discriminated against (as provided for in applicable law) for
exercising rights thereunder. Further, under California’s “Shine the Light” law
California consumer residents have the right, twice in a calendar year, to
request and obtain from Commvault information about Personal Data Commvault has
shared, if any, with other businesses for their own direct marketing uses. This
information, if applicable, would include the categories of Personal Data and
the names and addresses of those businesses with which Commvault shared Personal
Data for the immediately prior calendar year (e.g., requests made in 2022 will
receive information regarding 2021 sharing activities).




THIRD PARTY LINKING & CONTENT

The Solutions, Websites and Portals may contain links to third-party websites
that Commvault does not control or maintain. We are not responsible for the
privacy practices employed by these third-party websites and encourage you to
read the privacy statements of such other websites before submitting any
Personal Data. Our Website may contain third-party content which may include
statements, opinions, advice, criticisms, offers or other information
(collectively, “Third-Party Content”). Any Third-Party Content solely reflects
the opinion and belief of the respective third party and not that of Commvault.
We make no endorsement, guarantee or other statement, express or implied, about
Third-Party Content. You must independently evaluate any Third-Party Content if
you intend to rely on it in any way.




REGARDING CHILDREN

Commvault does not knowingly collect or distribute any Personal Data from
children under 13 years old. If a child under 13 has provided Commvault with
Personal Data, the parent or guardian of that child should contact Commvault
immediately at GDGO@commvault.com to delete this Personal Data.




CHANGES TO COMMVAULT’S PRIVACY POLICY

As laws and best practices evolve, this Privacy Policy will change. At times we
may provide privacy notices within our Solutions, Websites or Portals. By
continuing to access our Websites and Portals or use our Solutions, you
acknowledge and accept the Privacy Policy as updated. We encourage you to
periodically review this Privacy Policy to stay informed about how we manage
data. If we update this Privacy Policy, the new Privacy Policy will be posted to
the website fifteen (15) days prior to the changes taking effect.  If we make a
material change to the Privacy Policy, you will be provided with appropriate
notice in accordance with legal requirements. At such time, your continued use
of the Solutions, or access to our Websites and Portals after notice of posting
or notice of such changes, constitutes your agreement to the latest version of
this Privacy Policy.




CONTACT COMMVAULT

Commvault’s Global Data Governance Officer can be contacted at
GDGO@commvault.com.

To exercise any of your rights, or for questions or complaints, please contact
Commvault at GDGO@commvault.com. We take reasonable steps to verify your
identity when you exercise your rights. Please ensure that you keep your contact
information up to date and accurate so that we may process your requests in
accordance with applicable law and within a reasonable period of time.



You may also contact us by mail:



U.S. and international regions other than the EEA, U.K. or Switzerland:
Commvault Systems, Inc.
Attn: Legal Department/Global Data Governance Officer
One Commvault Way
Tinton Falls, New Jersey 07724

EEA, U.K. and Switzerland:
Commvault Systems International BV
Attn: Legal Department/Global Data Governance Officer
Papendorpseweg 75-79, 3528 BJ
Utrecht, Netherlands.


Last Updated: September 2022




Commvault - English - United States


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