Last updated: June 13, 2013
EU-US Safe Harbor
Fusion-io adheres to the Safe Harbor Privacy Principles published by the U.S. Department of Commerce (“Safe Harbor Principles”) with respect to personal data relating to residents in the European Economic Area and Switzerland (“EEA/CH Data”) that we receive in the United States from our subsidiaries, enterprise customers, consumer customers, distributors, suppliers and other business partners in Europe. The subsections below explain how we collect and use EEA/CH Data, except data relating to employees of our subsidiaries (which is covered by a separate notice that we distribute to such employees). Additional information on the Safe Harbor Principles and Fusion-io’s scope of participation is available at http://www.export.gov/safeharbor.
· Categories of EEA/CH Data
Fusion-io provides hardware and software products for system, application, and database acceleration. We receive mostly business-related information from Europe, but also contact information related to individual representatives of customers, distributors, resellers, suppliers, and other business partners (including, without limitation, names, job titles, addresses, work phone numbers, work email addresses, etc.) in connection with commercial and corporate transactions and other business relationships. Some of our customers are not incorporated and may provide a home address when they acquire products from our authorized online store or when they register their products or seek support services with us. Fusion-io also receives and processes EEA/CH Customer Data in connection with its whistleblower hotline including details of the reporter, the data subject of the report, the alleged misconduct, investigation, and any misuse of the whistleblower hotline program.
Fusion-io collects and uses EEA/CH Data for purposes of managing, improving, expanding and communicating regarding product sales, supply, distribution and customer relationships, delivering products, services, and related information (including, without limitation, promotional information on new products), managing our whistleblower hotline program, and conducting related tasks for legitimate business purposes and corporate development opportunities.
Fusion-io shares EEA/CH Data with corporate affiliates. We also make EEA/CH Data available to service providers and other contractors, which process EEA/CH Data on our behalf and subject to confidentiality restrictions. We also share EEA/CH Data with other third parties for the purposes for which we receive the data (e.g., performance of contractual obligations) and as required or permitted by law.
Recipients of marketing e-mails in Europe may opt-out of receiving further e-mail marketing communications from Fusion-io by following opt-out instructions that are contained in each marketing e-mail. Requests to opt-out of transfers to third parties will also be considered, but limitations on data sharing may make it difficult or impossible for Fusion-io to provide certain requested services. Fusion-io may also have to disclose EEA/CH Customer Data where it is legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law and Fusion-io has a legitimate business interest in such disclosure.
· Access and Review
Residents of the EEA and Switzerland may request access to, and the opportunity to correct, amend, or delete EEA/CH Data that is within Fusion-io’s control where it is inaccurate. To submit a request or raise any other question, please contact the Fusion-io Safe Harbor Contact set forth below. Except as required by the Safe Harbor Principles, Fusion-io reserves the right to take appropriate steps to authenticate an applicant’s identity, charge an adequate fee before providing access, and deny requests.
· Safe Harbor Contact
Please contact our Fusion-io Safe Harbor representative, John Blankevoort with any questions at firstname.lastname@example.org
What personal information does Fusion-io collect?
You can order products or services, register products, request information, subscribe to marketing or support materials, register to a secure extranet site to obtain access to product information, support, services and training, or apply for jobs at Fusion-io on Fusion-io’s website. Personal Information for the purpose of this Policy is information that identifies or can be used to identify a specific individual. Fusion-io may collect information about individuals such as their name, address, telephone number or email address, user IDs and passwords, billing and transaction information, credit card or other financial information and contact preferences. Personal information collected online may be supplemented with information you provide to Fusion-io through other Fusion-io services, as well as other sources such as trade shows or seminars, and other data appending methods such as spot tags, tracking and cookies as referenced below.
How does Fusion-io use personal information?
Fusion-io will use personal information to provide customers and business partners with information and services and to help us better understand your needs and interests. Specifically, we use your information to help you complete a transaction or order, to communicate with you, to deliver products and services to you, to bill you for products and services you purchased, and to provide ongoing service and support. Occasionally we may use your information to contact you to complete surveys that we use for marketing and quality assurance purposes.
With whom does Fusion-io share personal information?
Fusion-io contracts with third party service providers and suppliers (including distributors and resellers) to deliver certain products, services and customer solutions. Fusion-io may share personal information with its service providers and suppliers to the extent needed to deliver the service or respond to requests for information on products or services or otherwise support the customers' business needs. Third party service providers and suppliers receiving personal information are expected to apply the same level of privacy protection as contained in this Policy. They are required to keep confidential the personal information received from Fusion-io and may not use it for any purpose other than as originally intended. Some Fusion-io products and services may be co-branded and offered in conjunction with another company. If you register for or use such services, both Fusion-io and the other company may receive information collected in conjunction with the co-branded product or services. Except as described in this Policy, Fusion-io is not in the business of selling or renting your information to others and will not share personally identifiable information with other third parties without your permission, unless required by, or in connection with, law enforcement action, subpoena or other litigation, or applicable law or in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. We reserve the right to fully use and disclose any information collected via the site that is not in personally identifiable form.
Accuracy and access to your information
Fusion-io strives to keep your personal information accurate. We will provide you with access to your information, including making reasonable effort to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data.
Security of Personal Information
Fusion-io is committed to taking reasonable efforts to secure the personal data you choose to provide us. To protect the privacy of any personal information you may provide to us, Fusion-io employs industry-standard controls including physical access controls, encryption, Internet firewalls, intrusion detection, and network monitoring. Additionally, access to personal data as defined in this Policy is limited to those individuals and agents having a need to know.
Consent and Choice
Fusion-io does not require that customers, business partners or non-employee visitors to Fusion-io websites provide Fusion-io with personal information. The decision to provide personal information is voluntary. If you do not provide the personal information requested, however, you may not be able to proceed with the activity or receive the benefit for which the personal information is being requested. You can always unsubscribe or choose not to receive promotional information from us by following the specific instructions in the email you receive or by notifying us via the appropriate method below depending on which site is at issue. It may take a reasonable period of time to process your request, but it should not take longer than 30 days.
Forums and Blogs
Some of Fusion-io's websites may allow our users to publish content via discussion forums, blogs, user-editable documents, and commenting systems. Any information that is disclosed in these forums becomes public information which could be read, collected or used by other users to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. You should exercise caution when deciding to disclose your personal information. Fusion-io may, from time to time, send email regarding our products and services to users who have posted to our discussion forums, blogs, user-editable documents, and commenting systems. Each participant's opinion expressed is his or her own and should not be considered as reflecting the opinion of Fusion-io. Personal information given to Fusion-io may be transferred across state and country borders for data consolidation, storage and simplified information management.
Spotlight Tags, Logging and Cookies
Links to Non-Fusion-io Websites and Third Parties
To verify that it continues to be in compliance with this Policy, Fusion-io will engage in periodic self-assessment.
Changes to this Policy
Fusion-io will review and update this Policy periodically and will note the date of its most recent revision above. If we make material changes to this Policy, we will notify you either by prominently posting a notice of such changes prior to implementing the changes or by directly sending you a notification. Should we undergo any sort of corporate reorganization in the future, you agree that we may provide your information to the resulting entity in which case we will follow these change procedures. We encourage you to review this Policy frequently to be informed of how Fusion-io is protecting your information.
If you have any questions regarding this Policy or believe that the privacy of your personal information has not been respected, you may submit a complaint in writing to the attention of Fusion-io's Office of the Chief Legal Officer, 2855 E. Cottonwood Parkway, Suite 100, Salt Lake City, Utah 84121 or email: email@example.com