SAFE HARBOR PRIVACY POLICY AND INFORMATION

NetBrain Technologies, Inc. ("NetBrain") respects your concerns about privacy and is committed to respecting the privacy of its users throughout the world. To that end, NetBrain has certified that it abides by the Safe Harbor privacy principles as set forth by the U.S. Department of Commerce regarding the collection, storage, use, transfer and other processing of Consumer Personal Data transferred from the European Economic Area ("EEA") or Switzerland to the United States, where NetBrain is located. This Safe Harbor Policy outlines our general policy and practices for implementing the Safe Harbor privacy principles for covered Personal Data and supplements and compliments our main Privacy Policy located here.

NetBrain complies with the U.S.- E.U. Safe Harbor framework and the U.S.- Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from European Union member countries and Switzerland.

As set forth below, NetBrain adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor/ and to view NetBrain's certification, please visit https://safeharbor.export.gov/list.aspx.

To the extent applicable to its collection, use, and disclosure of personal information relating to Canadian individuals, NetBrain also complies with the principles of the Personal information Protection and Electronic Documents Act (PIPEDA), including accountability, identifying purposes, consent, limiting collection, limiting use, disclosure and retention, accuracy, safeguards, openness, individual access and challenging compliance. For more information regarding PIPEDA, please visit http://privacyforbusiness.ic.gc.ca.

For purposes of this policy:

"Consumer" means any natural person located in the EEA or Switzerland who is a prospective or actual user of NetBrain's Website, Products or Services or whose Personal Data is submitted to or may be stored by NetBrain.

"Personal Data" means any information, including Sensitive Data, that (i) is transferred to NetBrain in the U.S. from the EEA or Switzerland, (ii) is recorded in any form, (iii) relates to an identified or identifiable Consumer, and (iv) can be linked to that individual.

"Sensitive Data" means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.

How NetBrain Obtains Personal Data

NetBrain may collect Personal Data in one or more of the following ways:

  • in connection with the registration or purchase of NetBrain's Products and Services;
  • when a Consumer visits NetBrain's website (the "Website") and provides Personal Data to NetBrain on or through the Website;
  • in connection with maintaining its customer relationships and providing products and services to NetBrain customers;
  • in connection with conducting market research and product research and development, only with prior affirmative and explicit consent from individuals whose Personal Data may be used in such activities;
  • from its own employees in the normal course of business.

As set forth below, NetBrain's practices regarding the collection, storage, use, transfer and other processing of Personal Data comply, as appropriate, with the Safe Harbor principles of notice, choice, onward transfer, access, security, data integrity, and enforcement and oversight.

Notice

NetBrain provides information in its online Privacy Policy available at here. regarding its general practices related to Personal Data collected on the Website, including the purposes for which NetBrain collects and uses Personal Data.

For circumstances other than those contemplated by NetBrain's online Privacy Policy, for example, in-person market research, product and development activities, or trade show and promotional activities conducted offline, relevant information will be found in privacy notices pertaining to these specific data processing activities presented to Consumers prior to collection of Personal Data.

Choice

NetBrain offers Consumers the opportunity to choose or opt out of disclosure of their Personal Data to certain third parties or use their Personal Data for a purpose that is incompatible with the purpose for which the information was originally collected or subsequently authorized by the individual. Consumers may contact NetBrain as indicated below regarding the company's use or disclosure of their Personal Data.

NetBrain's Online Privacy Policy sets forth the circumstances in which NetBrain may disclose Personal Data without offering the Consumer an opportunity to opt out, including:

  • to its subsidiary companies as necessary to perform services on its behalf
  • to service providers, affiliates, agents and/or business partners the Company has retained to perform services on its behalf;
  • if it is required to do so by law or legal process, including disclosure to law enforcement or other government authorities if required by lawful order;
  • when NetBrain believes disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; or
  • in the event it sells or transfers all or a portion of its business or assets (including in the event of a divestiture, merger, consolidation, liquidation or bankruptcy). Should such a sale or transfer occur, NetBrain will use reasonable efforts to direct the transferee to use the Personal Data in a manner that is consistent with NetBrain's privacy policies.

NetBrain uses Personal Data only for the purposes indicated in this Policy or the Online Privacy Policy unless it has a legal basis, such as prior affirmative consent, to use it for other purposes.

To the extent required by law, NetBrain obtains prior opt-in consent at the time of collection for the processing of (i) Personal Data for marketing purposes and (ii) Sensitive Data, to the extent that NetBrain collects any Sensitive Data.

Onward Transfer of Personal Data

NetBrain may share Consumer Personal Data with third parties as indicated above and consistent with its Online Privacy Policy. Except as permitted or required by applicable law, NetBrain requires third parties to whom it discloses Personal Data and who are not subject to the European Union Data Protection Directive 95/46 or an adequacy finding to either (i) subscribe to the relevant Safe Harbor principles or (ii) contractually agree to provide at least the same level of protection for Personal Data as is required by the relevant Safe Harbor principles and as is provided by NetBrain.

Access

Where appropriate, NetBrain provides Consumers with reasonable access to the Personal Data NetBrain maintains about them. NetBrain also provides a reasonable opportunity for Consumers to correct, amend or delete that information where it is inaccurate, as appropriate.

NetBrain may limit or deny access to Personal Data where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by the Safe Harbor principles. The right to access personal information also may be limited in some circumstances by local law requirements. Consumers may request access to their Personal Data by contacting NetBrain as indicated below. We will respond to all access requests as soon as possible and in accordance with applicable law.

Security

NetBrain reasonable technological and physical safeguards to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration, and destruction.

Data Integrity

NetBrain takes reasonable steps to ensure that the Personal Data that it processes is: (i) relevant for the purposes for which it is to be used, (ii) reliable for its intended use, and (iii) accurate, complete and current.

In this regard, NetBrain depends on its Consumers to update and correct Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized by the individuals. Consumers may contact NetBrain as indicated below to request that NetBrain update or correct relevant Personal Data.

Enforcement and Oversight

NetBrain has established procedures for periodically verifying implementation of and compliance with the Safe Harbor principles.

Specifically, NetBrain conducts an annual self-assessment of its Personal Data practices to verify that the attestations and assertions the company makes about its privacy practices are true and that the company's privacy practices have been implemented as represented.

Consumers may submit a complaint concerning NetBrain's processing of their Personal Data or Personal Data practices to NetBrain at the contact information provided below.

If the issue cannot be resolved by NetBrain, the Consumer may submit the complaint to the relevant data protection authority in the EEA or Switzerland.

How to Contact NetBrain

To contact NetBrain about questions or concerns about this Safe Harbor Privacy Policy or NetBrain's practices concerning Personal Data please email: privacy(at)netbraintech.com.

 
 
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