Privacy Notice

version 2/2019, Last Update 31st December 2019

1.Introduction

This Privacy Notice describes the practices of Mirantis Inc., (“Mirantis” or “we”) regarding collection and further processing of information related to identified or identifiable individuals (“Personal Information”).

This Privacy Notice is applicable in the cases when Mirantis decides about the purposes and means of processing (i.e. when Mirantis is a data controller). It does not apply in the situations when Mirantis is only engaged in a processing by a third party that determines the purpose and means of processing. This Privacy Notice does not apply to the processing of Personal Information of job applicants or employees of Mirantis, for more details about this processing, please see the applicable policy available here. This Privacy Notice is applicable in particular to the Personal Information:

  • related to visitors of Mirantis websites;
  • processed for marketing purposes of Mirantis;
  • processed in connection with the provision of services by Mirantis to you or your company (to the extent in which Mirantis acts as a data controller);
  • related to visitors of Mirantis office.

For more information about the collection and processing of Personal Information in the course of specific activities, please see the respective parts of this Privacy Notice.

If you are a resident of California or member state of the European Economic Area (EEA), you have certain special rights granted by the California Consumer Privacy Act (CCPA) or the EU General Data Protection Regulation. Please see the section addressed to the California or EU residents for more information.

2.Processing Activities Related to Mirantis Websites

2.1. General. Mirantis websites collect personal information at several points and for various purposes, which can include processes associated with e-commerce, product or service registration, account creation, e-mail opt-in or collection of additional information about your use of Mirantis websites such as cookies or similar technology. The source of Personal Information that we collect about you on Mirantis websites is you or person that provides your Personal Information through our websites on behalf of you.

The following Personal Information is collected and processed in connection with our websites when you visit the websites, browse or register through our forms.:

Identifiers*. Real name, alias, postal address, telephone number, email address
Commercial information. Product registration or purchase information, billing and shipping information
Geolocation data. Country
Internet or other electronic network activity information Information related to your browsing history, search history, and information regarding your interaction with our website, application, or advertisement.   If you register an account on Mirantis websites: credential such as user name and password  
Professional or employment-related information. Company, Job Title

* Including personal information described in subdivision (e) of Section 1798.80 of CCPA

2.2. Purposes. The Personal Information collected through the forms on our website is processed for the purpose related to the specific form in which you registered. For example, if you register in the registration form for Mirantis training, we will process your Personal Information for the purpose of providing you with this training. If you create a user account on our website, we will process your Personal Information in order to keep this account for you. In some jurisdictions, we are allowed to and we do process your Personal Information also for other purposes compatible with the purpose for which you provided us with the Personal Information, such as offerings of similar services as those for which you have already registered.

2.3. Legal Basis. When you register through a form by which a contract is established between you and Mirantis, our legal basis for processing of your Personal Information submitted through the websites forms is entering into a contract for services and performance of our contractual obligations. If you submit your Personal Information through other forms to Mirantis (by which a contract is not entered into), our legal basis is our legitimate interest in providing you with the respective content or functionality for which you submitted your Personal Information (for example if you register for our newsletters or create an account).

2.4. Cookies. Our websites also use cookies. For more information about our use of cookies, please see here.  

2.5. Additional Information. We offer links to other websites (“Third Party Sites”). Please note that Third Party Sites may observe privacy standards different from ours and the collection and use of your Personal Information will be governed by the privacy policies of such Third Party Sites. Our web sites offer a space for postings and submissions. Please be advised that any information posted in these venues will be publicly available.

3.  Processing Activities for Marketing Purposes

Mirantis, like other business companies, collects and processes Personal Information for marketing purposes or other activities related to sales of Mirantis products or services or promotion of Mirantis brand. The sources from which Mirantis collects Personal Information for these purposes might be you or your company, generally available websites where information about you are published in connection with your current or past business position, or third-party providers of business contacts lists, as long as the collection and processing is compliant with the applicable data privacy legislation.

For marketing purposes, we collect and process in particular the following categories of Personal Information with which additional information about you may be associated:

Identifiers*. A real name, alias, postal address, telephone number, email address
Commercial information. Commercial information products or services purchased, obtained, or considered by you or your company, or other purchasing or consuming histories, histories of your subscriptions or tendencies including all business interactions with Mirantis.
Geolocation data. Region, Country, address
Professional or employment-related information. Company, Job Title, Role, Function

* Including personal information described in subdivision (e) of Section 1798.80 of CCPA

The Personal Information collected for the purpose of marketing activities of Mirantis are processed based on our legitimate interests in particular marketing activities, including offering of our products or services to relevant persons or promotion of Mirantis brand, to the extent that such legitimate interest does not conflict with the applicable data privacy laws or your prevailing legitimate interests

4. Processing Activities in Connection with the Provision of Services by Mirantis

If you or your company enter into an agreement with Mirantis for use of products or services by Mirantis, we may collect and process certain Personal Information about you that is provided either by you or by your company (which depends on who is the customer of Mirantis). This Personal Information may include in particular the following categories with which additional information about you may be associated:

Identifiers*. A real name, alias, postal address, telephone number, Internet Protocol address, email address, signature, ID,
Commercial information. Commercial information products or services purchased, obtained, or considered by you or your company, or other purchasing or consuming histories, histories of your subscriptions or tendencies including business interactions with Mirantis, billing and shipping information
Internet or other electronic network activity information If you have registered an account on Mirantis websites (either by you or by your company): credential such as user name and password and all your activities and interactions related to your account.
Geolocation data. Region, Country, address
Audio, electronic, visual, thermal, olfactory, or similar information. Audio, electronic and visual, information (applicable if you participate on webinars or calls that are recorded)
Professional or employment-related information. Company, Job Title, Role, Function

* Including personal information described in subdivision (e) of Section 1798.80 of CCPA

The above listed Personal Information is collected and processed for the purpose to provide you or company with the ordered products or services, to contact you or have you registered as a customer or customer’s designated representative for the purchased products or services and for our interactions in course of the customer relationship. Our legal basis for processing is the performance of our contractual obligations towards you (if you are our customer) or our legitimate interest in providing the service for your company (if your company is our customer).

This Personal Information listed above might be processed also for additional purposes compatible for this initial purpose such as for improvements of our product or services. In such a case our legal basis is our legitimate interest, to the extent such processing does not conflict with the applicable data privacy laws or your prevailing legitimate interests.

Please note, that in the course of services, Mirantis may process certain Personal Information on behalf of its customers that might be the controllers of your Personal Information. In such a case the details about the processing have to be provided by such controllers and not by Mirantis.

5. Processing Activities Related to Your Visit of Mirantis Office

If you visit Mirantis premises some personal information might be collected about you and processed for the purpose of our visitor management, protection of our property, protection of our confidential information and compliance with certain security standards. If you This Personal Information includes:

Identifiers*. A real name, email address, signature
Audio, electronic, visual, thermal, olfactory, or similar information. Photo, visual information
Professional or employment-related information. Company

* Including personal information described in subdivision (e) of Section 1798.80 of CCPA

In case of processing of the above listed Personal Information, the legal basis for such processing is our is our legitimate interest visitor management, protection of our property, protection of our confidential information and compliance with certain security standards, always to the extent such processing does not conflict with the applicable data privacy laws or your prevailing legitimate interests.

6. Third Party Recipients of Personal Information

The Personal Information that Mirantis collects and processes may be shared with third party recipients in certain situations, which include sharing with:
  • the affiliated companies of Mirantis which are involved by Mirantis in certain joint activities; 
  • third parties providing services to Mirantis, such as cloud-based services, providers of telecommunication services or to our financial, legal or other advisors; 
  • third parties that might have legitimate interest in knowing your Personal Information in case of merger, acquisition, reorganization, sale of part of our business or other corporate change of Mirantis (such as companies acquiring part of our business);
  • another company in case of organizing an event or webinar on which you participate with such company.

7. Security, Retention and Consequences of Failure to Provide Personal Information

We use industry-standard methods of securing electronic databases of personal information. Except as provided elsewhere in this Privacy Notice, we limit access to personal information in electronic databases to those persons in our organization who have a business need for such access. However, you should know that no website operator, including Mirantis, can fully eliminate security risks associated with Personal Information. Your privacy is very important to us. Due to factors beyond our control, however, we cannot fully ensure that your Personal Information will not be disclosed to third parties other than those mentioned above. For example, we may be legally required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.

We retain the Personal Information of individuals for a period of time, whose length always depends on many criteria, such as: the legal basis for the processing, the existence of the purpose for processing, the existence of a maximum period after which the Personal Information must be deleted based on requirements of data protection legislation or guidelines of state authorities. For more details about the retention period in specific cases when your Personal Information is processed, please contact us on one of the designated contacts in section 11.

In most cases, you don’t have a statutory obligation or contractual obligation to provide us with your Personal Information. Please note, that if you don´t provide us with your Personal Information, our ability to provide you with our products, services or other content could be limited.

8. Children

In order to protect the privacy interests of younger Internet users, we do not actively market our websites or products to children under 16. We also do not knowingly collect Personal Information from children under 16 for marketing or other purposes. We encourage children below the age of 16 years to visit our websites or to use our products and services only with the supervision of their parents.

9. EU Residents – Additional Information

The following section is designed for individuals whose Personal Information is protected by the Regulation (EU) 2016/679 of the European Parliament and of the Council 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, and repealing Directive 95/46/EC (“GDPR”) in order to provide them with further information about the processing, as required by the GDPR:

9.1. Processing outside EEA.Mirantis is a company headquartered in the United States and also some of the third parties with which the Personal Information may be shared (as per section 6) operate in countries outside the European Economic Area (EEA). For this reason, your Personal Information will be processed also in countries that are not subject to an adequacy decision of the European Commission.  When we export Personal Information to such countries, we rely on one or more of the available legal instruments such as EU Standard Contractual Clauses, EU-US or Swiss-US Privacy Shield, or Binding Corporate Rules guaranteed by the company to which the Personal Information is exported in order to ensure an adequate level of protection for your Personal Information. For more details about the safeguards in specific cases when your Personal Information is processed, please contact us on one of the designated contacts in section 11.

9.2. Your Rights.When GDPR is applicable, you, as a data subject, have certain rights which include:

  • right of access to Personal Information processed by us (right of access);
  • right to request rectification of inaccurate Personal Information to have incomplete personal data completed (right to rectification);
  • right to erasure of your Personal Information in cases specified by the applicable law (right of erasure / right to be forgotten);
  • right to restriction of processing in cases specified by the applicable law;
  • right to transfer your Personal Information to you or to another entity (right to data portability);
  • right to object processing based on automated decision making.
  • right to lodge a complaint with a relevant supervisory authority

If you wish to exercise any of your rights, please use one of the designated contacts in section 11.

10. California Residents – Additional Information

The following section is designed for individuals whose Personal Information is protected by the California Consumer Privacy Act of 2018 (CCPA) in order to provide them with further information about the collection of Personal Information and their rights, as required by the CCPA:

10.1. Your Rights. When California Consumer Privacy act is applicable, you, as a data subject, have certain rights which include:

  • the right to a notice about our collection of information about you (which is provided in the form of this Privacy Notice);
  • the right of access Personal Information processed by us (right of access), which includes your right to request information about the categories of Personal Information we have collected about you, the categories of sources from which the Personal Information was collected, the business or commercial purpose for collecting or selling Personal Information, the categories of third parties with whom we share Personal Information and the specific pieces of Personal Information we have collected about you;
  • the right to request deletion of your Personal Information collected from you (which may be subject to certain exceptions);
  • the right to equal services and prices.

 If you wish to exercise any of your rights, please, use one of the designated contacts in section 11.

10.2. Information about Sale of Personal Information. Please note that Mirantis does not sell your personal information in terms of CCPA. 

10.3. Collection of Personal Information in the Previous 12 Months. In the previous 12 months, Mirantis could have collected the following categories of Personal Information (as enumerated in CCPA) about you: (A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers; (B) Any categories of personal information described in subdivision (e) of Section 1798.80; (D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement; (G) Geolocation data; (I) Professional or employment-related information.

11. Contact Information The controller of Personal Information is Mirantis, Inc., a Delaware corporation with the registered seat at 900 E. Hamilton Avenue, Suite 650, Campbell, CA 95008, USA. Mirantis has appointed a data protection officer which is directly available on the email address below (in other cases, your request will be forwarded to him).

Designated methods for contacting Mirantis, Inc. in matters related to your privacy:

  • Email: dataprivacy(at)mirantis.com  
(please use this email to contact Mirantis Data Protection Officer directly).
  • Toll-free telephone number: +1-650-963-9828
(California HQ office)

Please note that exercise of your right through these designed contacts may be subject to further verification of your identity.

12. Future Modifications We may amend this Privacy Notice at any time by posting the amended version on our websites.
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