NetActuate Privacy Policy

Last Updated: July 24, 2024

This policy describes how NetActuate Inc. and its affiliates (“NetActuate,” “we,” “our” or “us”) collect, use and share information in connection with your use of our  websites (including www.netactuate.com) (the “Sites”), services and applications (collectively, the “Services”).

NetActuate is strongly committed to protecting the privacy of those who entrust us with their personal information. Visitors to our Sites, our customers and all those who do business with us trust and expect that we will protect their personal information. We want you to know that we take the privacy, security and confidentiality of your information, including any personally identifiable information or other data collected that could directly or indirectly identify you (“Personal Data”) extremely seriously. Accordingly, we take all commercially practicable and available precautions to ensure the security and confidentiality of Personal Data. We also want you to know what information we collect, why and how we will treat it once collected. Finally, we want you to be able to have control over your Personal Data so that if you need to update or to correct your information or want to opt-out of receiving certain communications, you can do that easily. In short, this Privacy Policy is for you. Please read it carefully.

BY ACCESSING THE SITES, CREATING A NETACTUATE ACCOUNT, ALLOWING SOMEONE TO USE THE SITES ON YOUR BEHALF, OR USING OUR SERVICES, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER, AND STORAGE OF PERSONAL AND NON-PERSONAL DATA OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY.

INFORMATION YOU PROVIDE

1. Account Creation. We may collect your name, email address, mailing address, zip code, and phone number if you create an account with us. This information will be used to keep you updated about updates related to the Sites and any of the NetActuate Contracts or other agreements which are applicable to the products or services you have purchased or to which you have subscribed.
2. Products, Services and Customer Support. We may collect your name, billing address, shipping address, email address, telephone number to the extent necessary for us to provide the products and services that you have ordered or requested and order confirmations (or other transactional information) and/or to provide customer support.
3. Promotions. We may collect your email address if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Services.
4. Contests and Sweepstakes. We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
5. Online Surveys.  We may collect your name, age, zip code, purchasing habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our customers.
6. Purchasing Extensions.  We may collect and maintain more extensive Personal Data (including driver’s license numbers and passport numbers) if you are purchasing extensions (domain names) which require supporting documentation.  We do not store this information unless otherwise described in this Privacy Policy.

INFORMATION WE COLLECT WHEN YOU USE OUR SERVICES

1. Site Usage Information.  When you use the Sites, including by browsing our merchandise and/or contacting us with inquiries, we collect your site usage information which includes, without limitation, Internet Protocol (IP) addresses, Internet browser information, other characteristics of your device and software, domain names of your Internet Service Provider (ISP), your approximate geographic location, a record of your usage of our Sites, the time of your usage and aggregated data that cannot be used to specifically identify you.  This information is used to analyze and to improve our Services (including to help diagnose and prevent problems with our servers or our products or services), to administer our Site and to provide our customers with the best experience using our Site. We also may receive certain supplemented data (including, without limitation, of the types set forth above) from various third parties. The supplemented data we receive from third parties may be combined with the information we collect as specified herein, including Personal Data.
2. Cookies and Other Session Identifiers. Like many sites, we utilize a technology called “cookies.” A cookie is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways.  For example, we use information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies in a manner that may directly or indirectly identify you, and be treated as Personal Data. Additionally, if the settings on your location-aware device allow us to receive geo-location data or information, we may collect that information automatically. We also use tracking information to determine which areas our site users visit based on traffic to those areas. NetActuate does not track what individual users read, but rather how often each page is visited. Cookies help provide additional functionality to the Sites and help us to more accurately analyze usage of the Sites. For instance, the Sites may set a cookie on your browser that allows you to access the Sites during future visits. We use cookies to monitor and to maintain information about your use of the Sites. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Sites; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in at the Sites with your username and password, we will assign you a secure session id. The server then passes your information to you through this secure session id. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.  In some countries, including countries in the European Economic Area (“EEA”), the information referenced above in this paragraph may be considered Personal Data under applicable data protection laws.

While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.

 

THIRD PARTY WEBSITES, INCLUDING MOBILE APPLICATIONS AND SOCIAL MEDIA PLATFORMS

If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy statement that governs the use of Personal Data related to it. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices of any third-party platform through which you access the Sites or contact us. You should review the privacy policy and terms of use of any third-party site before using it and review and use available controls and settings on your device to reflect your preferences.

HOW WE USE INFORMATION

1. Provide Access and Use. If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of the Services or specific functionalities.
2. Internal Business Purposes.  We may use your Personal Data for internal business purposes including, without limitation, to help us improve the content and functionality of the Services, to better understand our users, to improve the Services, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Services and our business.
3. Marketing.  We may use your Personal Data to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about our offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites regarding our Services which may be of relevance to you. If you wish to change or update your Personal Data or to change your subscription preferences, you may do so as provided herein.

HOW DO WE SHARE YOUR INFORMATION?

We are not in the business of selling Personal Data. We consider this information to be a vital part of our relationship with you. We do not share with others, or sell or rent to others, any Personal Data provided to us through the Sites or through our Customer Service Department, except as described in this Privacy Policy. Examples of instances in which we share your Personal Data are provided below:

1. Third Party Service Providers.  We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, social media management, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Data, but we authorize them to use this information only in connection data security and privacy standards.
2. Business Transfers.  As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of us will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.
3. Parent, Subsidiaries and Affiliates. We may also share your Personal Data with our parent company, future subsidiaries and/or affiliates consistent with this Privacy Policy. Our future subsidiaries and affiliates will be bound to treat and to maintain any Personal Data in accordance with this Privacy Policy.
4. Website Analytics.  We use analytics providers such as Google Analytics. Google Analytics uses cookies to collect non-identifying information. Google provides some additional privacy options regarding its Analytics cookies at http://www.google.com/policies/privacy/partners/.
5. Legal Requirements.  We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency or other public authorities) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
6. Aggregate Information.  In an ongoing effort to better understand and to serve the users of our Services, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on Personal Data and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products and services that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and will not be treated as Personal Data under this Privacy Policy.
7. Other Uses With Your Consent.  If we intend to use any Personal Data in any manner that is not specified herein, we will inform you of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use. In short, we will honor the choices you make regarding your Personal Data and will inform you about any other intended uses of such information.

WHAT STEPS ARE TAKEN TO KEEP MY INFORMATION SECURE?

We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard Personal Data. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Data.

We use various security measures, including Secure Socket Layer (SSL) encryption technology, to protect information collected, transferred and retained. If you elect to set up an account on the Sites, you will be asked to provide an email address and password. You must provide a valid email address and password in order to create and maintain an account, as well as to access account information. We recommend you select a password with at least 8 characters and consider adding numbers or special characters to further strengthen your password. In order to help protect your personal information, you should be careful about providing your password to others and change it periodically. If you wish to update a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us at [email protected].

We take all commercially reasonable steps to protect the security and confidentiality of all Personal Data provided via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration and/or destruction.

 However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not always be secure. Please keep this in mind when disclosing any Personal Data via the Internet or by email.

 We do not and will not, at any time, ask you to provide your Personal Data or other personal information in a non-secure or unsolicited email or telephone communication. Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is one of our priorities. If you receive such an email, please contact us to bring it to our attention. For more information about about phishing, visit the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing.

GDPR+ DATA PROTECTION RIGHTS

If you are located in countries that are within the European Economic Area (the “EEA”) Switzerland or UK, GDPR and its UK and Swiss GDPR counterparts give you rights with respect to your personal data, subject to any exemptions provided by the law, including the following rights:

1. Access, Update or Delete Personal Data. If you have created and maintained a NetActuate Account on the Sites, you will be able to access, view, update, or delete your Personal Data by signing into your Account and visit “Account Setting,” or email us at [email protected]. If you make a request to delete your Personal Data and that data is necessary for the products or Services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.
2. Restrict the Personal Data We Can Process.  You can use the Sites and restrict the Personal Data we can process by disabling cookies, by not registering an account with us or email us at [email protected] If you choose to restrict the Personal Data you provide and/or to disable cookies, you may not be able to use certain functionalities of our Services. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.
3. Opt-out of Promotional Communications. We may send you information by email if you subscribe via your NetActuate Account. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.
4. Portability.  You can request portability of your Personal Data by emailing us at [email protected].

 US PRIVACY LAWS

If you are located in the United States, this Privacy Policy explains how we collect, use and disclose your Personal Data under California, Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia privacy laws, to the extent applicable to us. We call these laws collectively, the “U.S. Privacy Laws.” As of the last date when this Privacy Policy was updated, the U.S. Privacy Laws are not yet applicable to us due to the level of business and/or Persona Data processing activities conducted by us in those states, or other factors. Although the U.S. Privacy Laws are not yet applicable to us, our Privacy Policy currently describes rights afforded to data subjects under GDPR that are similar to the rights afforded to data subjects under the U.S. Privacy Laws. It is contemplated that in the event that the U.S. Privacy Laws apply to us, we will update our Privacy Policy to describe the rights afforded to data subjects under the U.S. Privacy Laws. Regardless, we do not sell personal information and we do not collect sensitive personal information as defined under CCPA. We will closely monitor the development of the U.S. Privacy Laws that may apply to our future activities and will implement reasonable administrative, technical and physical security measures for compliance.

INTERNATIONAL DATA TRANSFERS

In order for us to fulfill your request or provide the Services to you, your Personal Data may be transferred to, stored at, and processed in jurisdictions other than where you live, including in the United States. Laws in these countries may differ from the laws applicable to your country of residence and may not offer the same level of protection. In addition, in certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Our Services are largely operated in the United States. If you are located in the EEA, Switzerland or UK, please be aware that in order to fulfil your request or provide access to our Services, the Personal Data you provide may be processed in the United States.

For transfers of Personal Data outside of the EEA, Switzerland and UK within our affiliates and for transfers of Personal Data to third parties, such transfers will be pursuant to the relevant European Commission’s Standard Contractual Clauses for the Transfer of Personal Data to Third Countries (“SCCs”), unless the data transfer is to a country that has been determined by the relevant EEA, Swiss or UK authorities, as applicable, to provide an adequate level of protection for individuals’ rights and freedoms for their personal information. You may contact us at [email protected] to obtain a copy of our standard Data Processing Agreement (DPA) or for more information regarding the relevant safeguards we put in place. In the event of conflict between the Data Privacy(see below) and the SCCs, the SCCs control.

 Data Privacy Framework. Although no longer a legal basis for the transfer of data from the EEA, Switzerland to the US, NetActuate complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  NetActuate has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  NetActuate has certified to the U.S. Department of Commerce that it will adhere to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF when the Swiss-U.S. DPF comes into force. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

NetActuate is responsible for the processing of Personal Data it receives, under each Data Privacy Framework, and subsequently transfers to a third party acting as an agent on its behalf.  NetActuate complies with the Data Privacy Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. 

 With respect to Personal Data received or transferred pursuant to each Data Privacy Framework, NetActuate is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. 

In certain situations, NetActuate  may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, NetActuate Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.  Under certain conditions, more fully described at https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?

 The Sites may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures set forth herein do not apply to any Third Party Sites. The owners and operators of all Third Party Sites are responsible for all Personal Data and Non-Personal Data provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third Party Sites, including their privacy policies, if any. We strongly encourage contacting those sites directly for information on their privacy policies.

 If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

 HOW DO WE RESPOND TO DO NOT TRACK SIGNALS?

 Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information.

 IS INFORMATION COLLECTED FROM CHILDREN?

 Protecting the privacy of children is extremely important to us. The Sites are directed toward a general audience and are not directed at nor intended for use by children. We do not knowingly collect or intend to collect Personal Data from anyone who is under the age of 13. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Sites. If you have reason to believe that a child under the age of 13 has provided Personal Data to us, please contact us and we will endeavor to delete that information from our databases.

 HOW WILL I BE INFORMED ABOUT CHANGES REGARDING THIS PRIVACY POLICY?

 The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data.

 If we make any material changes to this Privacy Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send a notice via the NetActuate Account or by email notifying registered users of upcoming changes.

 This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

 CONTACT US

 If you have any questions or concerns about this Privacy Policy, please feel free to contact us at [email protected].