NAKIVO PRIVACY POLICY

NAKIVO Headquarters

4894 Sparks Blvd.
Sparks, NV USA
89436-8202

Defined terms:

Personal Information: any data about an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal information includes both directly identifiable information such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, telephone number as well as key-coded data.

Collecting of Your Personal Information

In general, you can visit the Site without telling us who you are or providing any information about yourself. In some areas of the Site, we ask you to provide information that will enable us to process an order, offer services that require registration, assist you with technical support issues or follow up with you. Generally, NAKIVO may request Personal Information when you:

• register on any of our websites (creating an account),
• place an order,
• provide feedback to an online survey or tell us about an idea or suggestion,
• participate in a rebate program, contest, or other promotional offer,
• request a SPECIAL SERVICE,
• request information or files from technical support or customer service,

or when NAKIVO is:

• processing your order,
• sending marketing communications,
• enabling the use of certain features of our Products,
• providing customer service.

In these instances, NAKIVO may ask for your name, address, e-mail address, phone number and other appropriate information needed to provide you with these services. In all instances, if you receive a newsletter or other communication from us, you will always be able to “unsubscribe” to these communications at any time.When you download, install, access, or use the Product you may be asked to provide the following identifying Personal Information: account user ID, password and your e-mail. The Product will also automatically collect and send NAKIVO your basic infrastructure data such as the operating system the Product runs on, hypervisors, repositories, VMs in the Product inventory, information on the Product license, Product logs, and other Product-related information.

If you do not want us to collect this information, do not download the Product, or delete it from your device.

If you choose to provide NAKIVO with a third party’s Personal information, you represent that you have the third party’s permission to do so.

Consent

By using NAKIVO’s Site and Products or providing any Personal Information to us, you consent to the transfer, processing, and storage of such information, including outside of your country of residence.

NAKIVO may act as or be considered a “data controller”. When NAKIVO is acting as a data controller, you can exercise your rights of access and request corrections, suppression, or deactivations under applicable data protection laws.

What NAKIVO Will Do With Your Personal information

The information we collect helps us to deliver a Product you requested, to develop and improve our Products and deliver a better and more personalized experience to our end-users. NAKIVO may also use the information in an aggregate, non-identified form for research purposes and to help make sales, marketing, and business decisions. The information is retained by NAKIVO and will only be used by NAKIVO to support your customer relationship with NAKIVO by enabling NAKIVO to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Products according to your individual interests, recognize you when you use the Product. NAKIVO may also use your e-mail to contact you about NAKIVO goods and services that may be of interest to you. We will not add you to a mailing list or newsletter without your registration for this service. We will only contact you if further information is required from you to complete a service.

What Others May Do With Your Personal information

NAKIVO does not share, rent, or sell any Personal Information (such as your name or email address) to any outside organization for use in its marketing or solicitations. From time to time NAKIVO may use agents or contractors who will have access to your Personal Information to perform services for NAKIVO (such as database maintenance), however, they are required by us to keep the information confidential and may not use it for any purpose other than to carry out the services for NAKIVO. In addition, NAKIVO may also share aggregate information about its customers to advertisers, business partners, and other third parties. For example, we might share that our users are x percent PC users and y percent Macintosh users. None of this information, however, will contain personal, identifying information about our users. NAKIVO may also disclose information that it collects to comply with any court order, law, or legal process, including to respond to any government or regulatory request, to enforce its rights arising from any contracts entered into between NAKIVO and customers, such as the EULA, and if disclosure is necessary or appropriate to protect the rights, property, or safety of NAKIVO, its customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

Security of your Personal Information

We intend to protect the Personal Information entrusted to us and treat it securely in accordance with this Privacy Policy. NAKIVO implements physical, administrative, and technical safeguards designed to protect your Personal Information from unauthorized access, use, or disclosure. We also contractually require that our partners protect such information from unauthorized access, use, and disclosure. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting access to Personal Information to those needing it to act out the processing.

Your Choices

You can request confirmation as to whether or not Personal Information concerning you is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format. If you need additional assistance, or help with accessing, correcting, suppressing, or deleting your Personal Information, please feel free to contact us directly.

You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Site and/or Products.

Breach Notification

In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.

Data Retention

We only retain the Personal Information collected from a user for as long as the user’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by applicable law.

NAKIVO Online Store

The NAKIVO Online Store is designed to give you options concerning the privacy of your identifying information. If you choose, you can set up an account. This will allow you to have a customized order page for express ordering and to view your purchasing history. To protect your privacy, we have designed the Sites to include certain steps to verify your identity before granting you access or enabling you to make corrections in an account. You will always have access to this account information and can view it, update it or correct it at any time. To access your information, you will need to use a password.

When purchasing products through ourSite, the order form will also ask you to provide a daytime telephone number. However, the telephone number is only used to quickly resolve questions relative to an order, such as to clarify customer email addresses that are inactive or entered incorrectly.

Third-Party Links

NAKIVO.com does provide links to other sites. Other Internet sites and services have separate privacy and data collection practices. Once you leave WWW.NAKIVO.COM, NAKIVO cannot control, and has no responsibility for, the privacy policies or data collection activities at another site.

Cookies

At times, we will use a feature on your web browser to send your computer a “cookie”. We do not use cookies to retrieve any personal information from your computer. We only use cookies to learn ways to enhance our websites, and to give you better, more personalized service in our Site – for the purposes of improving our service and user experience as well as analysing how the Site is used. We’ve listed them here so you can choose if you want to opt out of cookies or not. Opt out by altering your web browser’s settings to reject cookies. However, some functions of the Sites will not function if you refuse cookies. These areas of the Site will have information posted about cookies, and when a cookie will be uploaded to your computer.

Children’s Privacy Protection

NAKIVO is sensitive to the heightened need to protect the privacy of children under the age of 13. The vast majority of the material on our website is not intended for children and is not targeted to children under the age of 13. We do not knowingly collect data from children and, if we learn that we have received personal data from a child, we will remove this information from our database.

Changes to this Policy

NAKIVO may from time to time revise its privacy policy. You should therefore periodically visit this page, so you are aware of any such revisions. We will not, however, use your existing information in a manner not previously disclosed. You will be advised and have the opportunity to opt out of any new use of your information.

Contacting Us

If you have any questions about our privacy policy and/or the practices of our Site, you can write to:

NAKIVO Headquarters

4894 Sparks Blvd.
Sparks, NV USA
89436-8202

Credit Card Security

We know customers are concerned about credit card security. We use one of the world’s largest funds transfer agencies: PayPal. If you choose to use a PayPal account, your personal credit card information will not be given to NAKIVO.