Privacy Notice

Revised — June 17, 2022

1. INTRODUCTION

NetCracker Technology Corporation (“Netcracker”, “we”, “us” or “our”) respects your concerns about privacy and is committed to maintaining your confidence and trust with respect to the privacy and security of the personal information we collect and use.

This Privacy Notice (“notice”) applies to the processing of personal data by Netcracker on the Netcracker website www.netcracker.com (“Website”), including any personal data you may provide through the use of the Website when you sign up to receive newsletters, blog posts, register for events or use our contact forms.

This Website is not intended for children and we do not knowingly collect personal data relating to children.

References in this notice to “you” or “your” are references to individuals who use the Website.

References in this notice to “Netcracker”, “we”, “us” or “our” are references to NetCracker Technology Corporation, NetCracker Technology International Inc., NetCracker Technology International Services Inc., NetCracker Technology Solutions LLC, and all other Netcracker group entities. NetCracker Technology Corporation is a Massachusetts corporation, with offices at University Office Park III, 95 Sawyer Road, Waltham, Massachusetts, 02453, USA.  

This notice was last updated on the ‘revised date’ in the header of this notice. You may request a copy of this notice or prior versions of this notice at any time by contacting us at privacy@netcracker.com

2. PURPOSE OF THIS PRIVACY NOTICE

The purpose of this notice is to provide you with information about how Netcracker collects and processes your personal data when you use our Website. It is important that you read this notice together with any other notices we may provide on specific occasions when we are collecting or processing your personal data, so that you are fully aware of how and why we are using your personal data as well as your rights with respect to your personal data. This notice supplements the other notices and is not intended to override them.

3. IMPORTANCE OF PROTECTING PERSONAL DATA

Netcracker recognizes that the use and disclosure of personal data has important implications for us and for the individuals whose personal data we process. Most of our offices operate in countries which regulate the use, and impose restrictions on, overseas transfers of personal data. To ensure that we handle personal data properly, we have adopted a global approach to privacy compliance. We take reasonable and appropriate measures to protect personal data covered by this notice from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal data.

4. WHO IS THE DATA CONTROLLER FOR THE PROCESSING OF PERSONAL DATA?

A “controller” is a person or organization who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. This notice is issued on behalf of NetCracker Technology Corporation as the data controller and unless we notify you otherwise NetCracker Technology Corporation is the controller for your personal data.

Our VP of Legal & Compliance oversees compliance with all applicable data protection laws and regulations within Netcracker. If you have any questions about this notice, including any requests to exercise your rights, please contact our VP of Legal & Compliance using the contact details set out below:

VP of Legal & Compliance
NetCracker Technology Corporation
University Office Park III, 95 Sawyer Road, Waltham, Massachusetts, 02453, USA
Email: privacy@netcracker.com
Telephone: +1 (781) 419-3300

5. THE PERSONAL DATA WE COLLECT ABOUT YOU

Personal data includes any information about you which enables you to be identified.  Personal data does not include information where any identifying information has been removed (anonymized data).

We collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not legally considered personal data because it does not directly or indirectly reveal your identity.  As such, we may aggregate your usage data to calculate the volume of users accessing a specific Website feature.  However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we will treat the combined data as personal data and will use it in accordance with this notice.

We will never collect any special categories of personal data about you through our Website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data, or any information about criminal convictions and offences).

We shall collect, use, store and transfer different kinds of personal data about you. We have categorized the following groups of personal data to explain how we use these types of information. These terms are used throughout this notice:

  • “Contact Data”: including your work address, email address and telephone numbers;
  • “Identity Data”: including your first name, last name, username or similar identifier, title;
  • “Marketing and Communications Data”: including your marketing and communication preferences. We also track when you receive and read marketing communications from us, which information we use to improve our marketing services, provide you with more relevant information and improve the quality of our marketing materials. Additional information about the personal data we process in connection with marketing is included with the marketing communications we send you;
  • “Profile Data”: including information collected progressively when you visit our site including your referral website, pages you visit, actions you take, patterns of page visits and information forms you fill in;
  • “Technical Data”: includes information collected when you access our Website or client knowledge portal, your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you are using; and
  • “Usage Data”: information about how you use our Website.

6. HOW WE COLLECT PERSONAL DATA

We use a variety of methods to collect personal data from you and about you, including through the channels set out below:

  • Direct Interactions: You give us your Contact Data, Identity Data and Profile Data directly, for example, when you:
    • register for a seminar, webinar or event;
    • submit a contact form on our Website or our client knowledge portal;
    • subscribe to receive our publications;
    • request marketing materials to be sent to you;
    • enter a survey; or
    • give us some feedback (for example, by completing a survey).
  • Automated Technologies or Interactions: We receive Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see Section 16 of this notice (“How we use cookies on our Website”) for further details of the information collected.
  • Third Parties or Publicly Available Sources: We receive Technical Data from analytics providers such as Google based outside the EU.

7. HOW WE USE YOUR PERSONAL DATA

We will only process (i.e. use) your personal data when the law allows us to do so, that is, when we have a legal basis for processing. When you use our Website we will use your personal data in the following circumstances:

  • “Performance of a Contract”: where we need to perform a contract which we are about to enter into or have entered into with you as a party or to take steps at your request before entering into such a contract;
  • “Legal or Regulatory Obligation”: where we need to comply with a legal or regulatory obligation that we are subject to;
  • “Legitimate Interests”: where necessary for our interests (or those of a third party), provided that your fundamental rights do not override such interests. This can mean, for instance, that it is in our interest, to monitor how you are using our Website or client portals to ensure that the security of our Website or client portals or systems is maintained. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests; and
  • “Consent”: generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text messages.

We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You may obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at privacy@netcracker.com.

8. HOW WE SHARE YOUR INFORMATION

We may share information with companies working on our behalf, Netcracker affiliates, and Netcracker-owned business entities. However, we will not sell, rent, or lease your information to any third party without your consent and we will not cross-reference personal information collected through one client’s use of our services with that of any other client or entity.

We may decide to sell, buy, merge, or otherwise reorganize our businesses throughout the world. Should such a combination or acquisition occur, the transaction may involve the disclosure of your personal information to continue serving you and other users of our Website.

We may access, preserve, and disclose your information if we believe doing so is required or appropriate: to comply with law enforcement requests and legal process, such as a court order or subpoena; to respond to your requests; to prevent or address fraud, security, or technical issues; or to protect our property or other legal rights or the rights or property of others.

9. INFORMATION WE TRANSFER

We may transfer the personal information we collect through the Website to other countries, which may have different personal data protection rules than in your country. By using our Website you consent to the transfer of information to countries outside your country of residence. We will protect your information in accordance with this notice wherever it is processed.

10. HOW WE PROTECT YOUR PERSONAL DATA

We have taken the appropriate steps to ensure that client information is protected in accordance with our Privacy Notice. We have implemented the necessary and required physical, technological and administrative controls to protect data in use and in storage.

By providing personal information to us or using Netcracker’s Website, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our services and Netcracker Website.

11. CHANGES TO YOUR PERSONAL DATA

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. If you wish to update your personal data, please contact your account manager directly or email us privacy@netcracker.com.

12. ACCESS TO YOUR PERSONAL DATA

Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete your personal information. You can exercise your rights by contacting us at privacy@netcracker.com to request access or the necessary changes. Please note that we may need to verify your identity in connection with your requests, and such verification process may require you to provide us with additional information (e.g., government identification). We may also request additional information if we believe it’s necessary to verify your identity. If we are unable to verify your identity or request, we may not, in accordance with applicable law, be able to fulfill your request. We may also limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances.

Please note that, for technical reasons, there is likely to be a delay in deleting your personal information from our systems when you ask us to delete it. We also will retain personal information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.

13. YOUR RIGHTS AND CHOICES

If you decide at any time that you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in such communications. You may also opt out from receiving marketing communications from us by sending your request to us by email at privacy@netcracker.com. Please be aware that, even after you opt out from receiving commercial messages from us, you may continue to receive administrative messages from us regarding the services we provide to you.

Additionally, if we rely on consent for the processing of your personal information, you have the right to withdraw it at any time and free of charge. When you do so, we will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.

If you are an End User of one of our customers, you should contact them directly to exercise your rights with respect to any information they hold and maintain about you including access requests, correction and deletion requests as well as to object to the processing of your personal information, as appropriate.

14. IF YOU DECLINE TO PROVIDE US WITH YOUR PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you decline or fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services).  Should this occur, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

15. THIRD PARTY LINKS AND WEBSITES

This Website may include links to third-party websites, plug-ins and applications for your convenience and information. These third-party websites, plug-ins and applications operate independently from our Website. Clicking on third-party links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their terms of use, privacy features or privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit. Netcracker is not responsible for the content of third-party websites, as well as any products or services that they offer.

16. HOW WE USE COOKIES ON OUR WEBSITE

What is a cookie?

  • Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device, preferences and generally help to improve your online experience. You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu.

What types of cookies are used on this Website and how long do they last?

  • There are different types of cookies. Although they mainly work in the same way, there are some minor differences. We use cookies to help us monitor the way the Website is used, to remember users’ settings (e.g. language preference) and generally improve the user experience. Users can control the use of cookies using their browser’s security settings. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

The tables below set out the type of cookie used, its purpose and how long it lasts.

Third Party Cookies

SERVICES COOKIES PURPOSE USAGE RETENTION PERIOD FURTHER INFORMATION
Google Analytics _ga Analytics Used to distinguish user 2 years https://policies.google.com/technologies/cookies?hl=en-US
Google Analytics _gid Analytics Used to distinguish user 24 hours  
Google Analytics _gcl_au Analytics Used to distinguish user 3 months   
Marketo _mkto_trk Marketing Used to check user behavior 24 hours https://documents.marketo.com/legal/cookies/ 

Netcracker’s Own Cookies

SERVICES COOKIES PURPOSE USAGE RETENTION PERIOD FURTHER INFORMATION
PHP PHPSESSID Default Used to maintain user session variables Session  
Cookie consent gdpr Default Used to define user selection of website cookies 1 year  

17. EU-US PRIVACY SHIELD

While Netcracker no longer relies upon the EU-U.S. Privacy Shield Framework to provide a legal basis for data transfers to the United States, NetCracker Technology Corporation and its applicable United States subsidiaries participates in and has certified compliance with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States which continues to apply. Netcracker is committed to subjecting all applicable personal information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If a third party processes personal information on behalf of Netcracker in a manner inconsistent with the Privacy Shield Principles, Netcracker could be liable unless Netcracker can prove that it is not responsible for the event giving rise to any damage.

If there is any conflict between the policies in this privacy notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website at: https://www.privacyshield.gov/list].

Netcracker commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this notice should first contact us by email at privacy@netcracker.com or by writing to us at:

Attn.: VP of Legal & Compliance

NetCracker Technology Corporation
University Office Park III
95 Sawyer Road Waltham, MA 02453
United States of America

With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Netcracker is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, it will be referred to Judicial Arbitration and Mediation Services, Inc., (JAMS) under the JAMS International Mediation Rules, which are accessible on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield.  You may also submit a claim directly to JAMS through the following site, which is maintained by JAMS: https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim.

Under certain conditions, individuals may be able to invoke binding arbitration before the Privacy Shield Panel jointly created by the U.S. Department of Commerce and the European Commission to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

18. HOW TO MAKE A COMPLAINT ABOUT OUR USE OF YOUR PERSONAL DATA

If you have any concerns or would like to make a complaint about how we process your personal data, please contact us at privacy@netcracker.com.  You may raise your concerns with your local data protection authority directly, however, we would encourage you to contact us in the first instance as we aim to promptly, efficiently and satisfactorily resolve any concerns or complaints you may have in relation to Netcracker’s processing of your personal data.

19. CHANGES TO THIS PRIVACY NOTICE

Netcracker reserves the right to change and update this notice at any time to reflect changes in technology, law, our business operations or any other reason we determine is necessary or appropriate. Any changes shall be reflected in an updated notice that will be posted on this Website with an updated revision date. We encourage you to check back periodically to review this notice for any changes since your last visit.  This will help ensure you better understand your relationship with us, including the ways we process your personal information.

20. CONTACTING US

If you have comments or questions about our Privacy Notice or our processing of your information, please contact us by email at privacy@netcracker.com or by writing to us at: 

Attn.: VP of Legal & Compliance

NetCracker Technology Corporation
University Office Park III
95 Sawyer Road, Waltham, MA 02453
United States of America