Revised — February 8, 2019
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 of the personal information we collect and use.
This privacy notice (“notice”) applies to the processing of personal data by Netcracker in connection with the processing of personal data on the Netcracker website www.netcracker.com, including any personal data you may provide though the use of the Website when you sign up to receive newsletters, blog posts, register for events or use our contact forms (“Website”).
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 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.
2. 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 compliance with data privacy laws.
3. PURPOSE OF THIS NOTICE
This notice aims to give you information about how Netcracker collects and processes your personal data when you use our Website. It is important that you read this notice together so that you are fully aware of how and why we are using your 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 Director of Compliance and Data Privacy oversees compliance with data privacy laws within Netcracker. If you have any questions about this notice, including any requests to exercise your rights, please contact our Director of Compliance and Data Privacy using the contact details set out below:
Director of Compliance and Data Privacy
Netcracker Technology Corporation
University Office Park III, 95 Sawyer Road, Waltham, Massachusetts, 02453, USA
Telephone: +1 (781) 419-3300
5. CHANGES TO AND ACCESS 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.
We will provide you with reasonable access to the personal data we hold about you together with the option to opt-out of your data being processed at any time. You also have the following rights:
- Right to request disclosure regarding: (i) the collection of your personal information; (ii) the sale of your personal information; (iii) any personal information disclosed for a business purpose and why it was disclosed;
- Right to opt-out of: (i) the processing of any personal information; (ii) the sale of any personal information
- Right of access – you have the right to access the personal data we hold about you and understand the purposes we process your data, the categories of data we process, the recipients of your data and your rights.
- Right to correction – you have the right to dispute inaccuracies in the personal data we hold have and have the data controller correct or and/or complete the information without undue delay.
- Right to the deletion of any personal information that we hold about you, subject to any legal reasons for processing being required;
- Right to restriction of processing by the data controller where the accuracy of the data is questioned or processing is unlawful.
- Right to data portability – you may request that we directly transmit the personal data we hold about you to another service provider, where such transmission is technically feasible.
- Right to object to processing, specifically in relation to profiling and for direct marketing purposes, unless there are legitimate grounds for the processing.
- Right not to be discriminated against for exercising any of your consumer rights;
To exercise any one of these rights, please contact your account manager directly or email us at firstname.lastname@example.org.
6. THIRD PARTY LINKS
This Website may include links to third-party websites, plug-ins and applications. Clicking on those 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 privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.
7. THE DATA WE COLLECT ABOUT YOU
Personal Data. 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 (anonymous data). 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 from 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.
We will never collect any special categories of sensitive, 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.
Aggregated 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.
8. 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.
9. COLLECTION OF YOUR 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 to be sent to you;
- enter a survey; or
- give us some feedback (for example, by completing a survey).
- Third parties or publicly available sources: We receive Technical Data from analytics providers such as Google based outside the EU.
10. HOW WE USE YOUR PERSONAL DATA
We will only process your personal data when the law allows us to, 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 message.
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 email@example.com.
What is a cookie? Cookies are small text files containing information which are placed on your device when you visit a website. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies allow a website to recognise a user’s device, preferences and generally help to improve your online experience. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Necessary Cookies. We use Necessary Cookies to enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.
Analytics Cookies. We also use Google Analytics cookies to help us to improve our website by collecting and reporting information on how you use it. These cookies collect information in an anonymous form.
The table below explains which cookies we use and why we use them.
This cookie is automatically generated by applications based on the PHP language. This cookie is a general purpose identifier used to maintain user session variables.
|Universal Analytics (Google)||_ga
These cookies are used to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited.
More details about Google Analytics cookies can be found here: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
These are browser ID cookies dropped on our site by LinkedIn. They allow us to track visitor behavior on the LinkedIn campaigns, together with the interactions on our web pages including time spent on the site, how far users scroll down and where they go after this site.
More details about LinkedIn cookies can be found here: https://www.linkedin.com/legal/cookie-table
This cookie is set by Marketo. This allows a website to track visitor behavior on the sites on which the cookie is installed and to link a visitor to the recipient of an email marketing campaign, to measure campaign effectiveness. Tracking is performed anonymously until a user identifies himself by submitting a form.
More details about Market cookies can be found here: https://documents.marketo.com/legal/cookies/
Used in conjunction with the Twitter social plugins in order to allow to help Twitter improve and understand how people use its services, including Twitter buttons and widgets, and Twitter Ads.More details about Twitter cookies can be found here: https://help.twitter.com/en/rules-and-policies/twitter-cookies
Managing your Cookie Settings. Most web browsers allow some control so that you may refuse to accept cookies and to delete cookies using your browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org. The separate web browsers’ sites have additional information on how to manage cookies:
To find information relating to other web browsers, visit the browser developer's website.
To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout. Blocking all cookies may have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use all the features on our website.
12. HOW WE SHARE YOUR INFORMATION
We may share information with companies working on our behalf, Netcracker affiliates, and Netcracker-owned business entities.
We may decide to sell, buy, merge, or otherwise reorganize 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.
13. SALE OF PERSONAL DATA
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. By clicking on the ‘Do Not Sell My Personal Information’ tab on our website, you have withheld your consent to the sale of your personal data.
14. HOW WE PROTECT YOUR INFORMATION
We have taken the appropriate steps to ensure that client information is protected in accordance with our Privacy Statement. 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 the Netcracker’s websites, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services and Netcracker websites.
15. 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 Privacy Statement wherever it is processed.
16. LINKS TO NON-NETCRACKER WEBSITES
17. EU-US PRIVACY SHIELD
NetCracker Technology Corporation and its applicable US 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. 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 Principle 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 statement 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 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 Privacy Statement should first contact us by email at firstname.lastname@example.org or by writing to us at:
NetCracker Technology Corporation
University Office Park III
95 Sawyer Road Waltham, MA 02453
United States of America
Attn.: Director of Compliance and Data Privacy
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. CHANGES TO THIS STATEMENT
Netcracker reserves the right to change this Privacy Statement at any time. Any changes shall be reflected in an updated Privacy Statement that will be posted on this website with an updated revision date.
19. CONTACTING US
If you have comments or questions about our Privacy Statement or our processing of your information, please contact us by email at email@example.com or by writing to us at:
NetCracker Technology Corporation
University Office Park III
95 Sawyer Road, Waltham, MA 02453
United States of America
Attn.: Director of Compliance and Data Privacy