Turbonomic, Inc. is committed to respecting the privacy of our customers, visitors, and other users of the Turbonomic website hosted at https://turbonomic.com/ (“us”, “we”, “Turbonomic” and our “Site”). This notice describes our privacy and cookie policy (“Privacy Policy”), which covers the personal and other information that we collect on the Site.

By visiting our Site, you acknowledge that you have read and understood the practices outlined in this Privacy Policy.

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy. If we do, we will notify you by posting the amended policy on our Site and, if we are authorized to send you email, notifying you of the nature of the modifications along with a link to the modified document so that you can review it.

In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

This policy (together with our terms of use and any other documents referred to on it) sets out:

Information collected on the Site
Cookies

How we use your information

Our promotional updates and communications

Who we share your information with

Where we store your information

Security

Third Party Sites

How long we keep your information

Your rights

Changes to this policy

Contacts

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purposes of Applicable Data Protection Law data protection law, (the “Data Protection Law”), the data controller is:

Turbonomic, Inc
500 Boylston St, 8th floor
Boston, MA 02116
United States of America

General.counsel@turbonomic.com

Information collected on the Site

We will collect and process the following personal data from you:

Information You Provide to Us

This is information about you that you give us directly when you interact with us.

This is information about you that you give us by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our Site, subscribe to our service, search for a product, place an order on our Site, participate in discussion boards or other social media functions on or via our Site, enter a competition, promotion or survey, submit a query, register for our mailing lists or webinars and when you report a problem with our Site.

We may receive and electronically store any personal information you enter on our Site or provide to us in any other way. The information you give us may include your name, address, e-mail address and phone number.

It may also include employment details if you send us a CV, resumé or other details of your employment history in connection with an advertised job vacancy or a general enquiry regarding employment opportunities with us.

Information we collect about you from your use of our Site

We will automatically collect information from you, including traffic data and statistics, each time you visit our site. This includes:

  • Technical information
  • Information about your visit
  • Technical information may include the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

  • Information about your visit may include the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number or social media handle used to connect with our customer service team.

Information we receive from other sources

This is information we receive about you:

  • If you use any of the other websites we operate or the other services we provide.
  • From third parties we work closely with.

In this case we will have informed you when we collected that data if we intend to share your data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data.

We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, and search information providers). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

Cookies

When you visit the Site, we may collect general information about your visit. Our site uses cookies to collect and store certain information (such as the time and date of your visit, your IP address, or the address of the website from which you entered the Site). From time to time, we may evaluate other technology to also provide us insights into how you use the Site. Where possible, such information will be stored as anonymous, aggregate data. These typically involve pieces of information or code that a website transfers to or accesses from your computer hard drive or mobile device to store and sometimes track information about you. Cookies and similar technologies enable you to be remembered when using that computer or device to interact with websites and online services and can be used to manage a range of features and content as well as storing searches and presenting personalised content.

Our Site uses cookies and similar technologies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our Site. We may also use cookie technology and the information it collects to help diagnose problems with our Site’s server, analyze trends and administer the Site.

Cookies are small packets of data sent to your browser from a web server and stored on your computer’s hard drive. Cookies can help a website recognize repeat users and allow a website to track web usage behavior. Cookies work by assigning a number to the user that has no value outside of our website. If a cookie is placed, thereafter when you visit a website, a message is sent back to the web server by the browser accessing the website.

Most web browsers automatically accept cookies and similar technologies, but if you prefer, you may also elect not to accept cookies by changing the designated settings on your web browser. We also give you information about how to disable cookies here: Disabling cookies. However, not utilizing cookies may prevent you from using certain functions and features of websites.

A number of cookies and similar technologies we use last only for the duration of your web session and expire when you close your browser. Others are used to remember you when you return to the Site and will last for longer.

We use these cookies and other technologies on the basis that they are necessary for the performance of a contract with you, or because using them is in our legitimate interests (where we have considered that these are not overridden by your rights), and, in some cases, where required by law, where you have consented to their use.

We use cookies and may use other similar technologies in the future such as tracking GIFs, web beacons pixel codes and in-app IDs, either alone or in combination with each other] [to create a unique device ID.
We use the following types of cookies:

  • Strictly necessary cookies. These are cookies that are required for the delivery of services on of our website and under our terms with you. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. Strictly necessary cookies allow us to improve the safety and security of our website, balance the traffic on our site, and remember information that you have submitted on forms when you request services on our site.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it including which pages you visit, and alert us if you experience any errors. This helps us for our legitimate interests of improving the way our website works, for example, by ensuring that users are finding what they are looking for easily, testing different designs on our site, and helping us measure the traffic on our site so that we can optimize our content accordingly. Turbonomic’s performance cookies are only used to help us improve how our website works, understand what interests our users and measure how effective our advertising is.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us, subject to your choices and preferences, to personalise our content, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting/Advertising cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information subject to your choices and preferences to make our Site more relevant to your interests.

Disabling Cookies

The effect of disabling cookies depends on which cookies you disable but, in general, the website may not operate properly if all cookies are switched off. If you only disable third party cookies, you will not be prevented from making purchases on our Site. If you disable all cookies, you will be unable to complete a purchase on our Site.

If you want to disable cookies on our site, you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use. Further details on how to disable cookies for the most popular browsers are set out below: –

For Microsoft Internet Explorer:

  1. Choose the menu “tools” then “Internet Options”
  2. Click on the “privacy” tab
  3. Select the setting the appropriate setting

For Google Chrome:

  1. Choose Settings > Advanced
  2. Under “Privacy and security,” click “Content settings”.
  3. Click “Cookies”

For Safari:

  1. Choose Preferences > Privacy
  2. Click on “Remove all Website Data”

For Mozilla Firefox:

  1. Choose the menu “tools” then “Options”
  2. Click on the icon “privacy”
  3. Find the menu “cookie” and select the relevant options

For Opera 6.0 and further:

  1. Choose the menu Files” > “Preferences”
  2. Privacy

Where you have not set your permissions, we may also separately prompt you regarding our use of cookies on the Site.

Currently, the cookies we use have no uniform designated expiration.

How we use your information

We use information held about you in the following ways:

Information you give to us

The personal information you provide may be used for such purposes as

  • Take steps in order to enter into any contract or carry out our obligations arising from any contract entered into between you and us including:
    • administering your account with us;
    • notifying you about changes to our service
  • Responding to your requests for certain products and services, and providing you with information about our goods or services we feel may interest you, if you have given your consent to receiving marketing material from us at the point we collected your information, where required by law or otherwise in our legitimate interests provided these interests do not override your right to object to such communications. See ‘Our promotional updates and communications’.
  • Ensure in our legitimate interests that:
    • content from our site is presented in the most effective manner for you and for your computer.
    • we provide you with the information, products and services that you request from us.

Information we collect about you from your use of our Site

We will use this information in our legitimate interests, where we have considered these are not overridden by your rights:

  • To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
  • To keep our Site safe and secure.
  • For measuring or understanding the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
  • To improve our Site to ensure that content is presented in the most effective manner for you and for your computer.
  • To allow you to participate in interactive features of our service, when you choose to do so.

Information we receive from other sources

We may combine this information with information you give to us and information we collect about you in our legitimate interests (where we have considered that these are not overridden by your rights). We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Our promotional updates and communications

Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications by email about our products/services.

You may receive emails from us if you subscribe to our mailing lists or otherwise request information regarding our products, services, or specific Turbonomic events. We respect your time and attention by limiting the frequency of our mailings.

You can object to further marketing at any time by simply selecting the “unsubscribe” link at the end of all our marketing and promotional update communications to you, or by sending us an email to marketing@turbonomic.com.

If you have received unwanted, unsolicited email from Turbonomic or purporting to be from Turbonomic, please forward a copy of that email with your comments to marketing@turbonomic.com.

Who we share your information with

We may give your information to:

  • Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, who support our processing of personal data under this policy. [If any of these parties are using your information for direct marketing purposes, we will only transfer the information to them for that purpose with your prior consent].
  • Selected third parties. Currently, Turbonomic will not share your personal information with any third parties except if:
    1. reasonably necessary to provide requested services to you;
    2. authorized by you; or
    3. Turbonomic is required to do so by law or regulation, or in the good faith belief that such action is necessary
      1. to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation,
      2. to enforce our Terms of Service, or
      3. to protect or defend the rights or property of Turbonomic or any other user.

Our selected third parties may include:

Organizations who process your personal data on our behalf and in accordance with our instructions and the Data Protection Law. This includes in supporting the services we offer through the Site in particular those providing website and data hosting services, providing fulfilment services, distributing any communications we send, supporting or updating marketing lists, facilitating feedback on our services and providing IT support services from time to time. These organisations (which may include third party suppliers, agents, sub-contractors and/or other companies in our group) will only use your information to the extent necessary to perform their support functions.

Analytics and search engine providers that assist us in the improvement and optimisation of our site and subject to the cookie section of this policy (this will not identify you as an individual).

We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, or in connection with a merger, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets subject to the terms of this privacy policy.
  • If Turbonomic or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of supply terms and other agreements with you; or to protect the rights, property, or safety of Turbonomic, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.

Where we store your information

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“) that may not be subject to equivalent Data Protection Law,

Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

We may transfer your personal information outside the EEA:

  • In order to store it.
  • In order to enable us to provide goods or services to you and fulfil our contract with you. This includes order fulfilment, processing of payment details, and the provision of support services.
  • Where we are legally required to do so.
  • In order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

We may transfer your personal information to the following countries outside the EEA, including to the United States where we are headquartered.

Security

Information collected by Turbonomic is stored in secure operating environments that are not made generally available to the public. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Third Party Sites

Our site may, from time to time, contain links to external sites – our Site may permit you to link to other websites on the Internet, and other websites may contain links to our Site. These other websites are not under Turbonomic’s control. The privacy and security practices of websites linked to or from the Site are not covered by this Privacy Policy, and Turbonomic is not responsible for the privacy or security practices or the content of such websites. We encourage you to visit those third party websites for more information regarding their specific practices.

How long we keep your information

We retain personal data for for as long as you have an account with us in order to meet our contractual obligations to you and for six years after that to identify any issues and resolve any legal proceedings. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

Your rights

  • You have the right under certain circumstances:
    • to be provided with a copy of your personal data held by us;
    • to be provided with a copy of your personal data held by us;
    • to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
    • to object to the further processing of your personal data, including the right to object to marketing (as mentioned in ‘Our promotional updates and communications’ section;
    • to request that your provided personal data be moved to a third party.
  • Your right to withdraw consent:
    Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us. You can also change your marketing preferences at any time as described in ‘Our promotional updates and communications’ section.

You can also exercise the rights listed above at any time by contacting us at general.counsel@turbonomic.com

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html ). The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.

Changes to this policy

Any changes we make to our privacy policy in future will be posted on this page and, in relation to substantive changes, will be notified to you by e-mail. This policy was last updated on May 25, 2018.

Contacts

If you have any comments, concerns or questions about this Privacy Policy, please contact us at
general.counsel@turbonomic.com.

Turbonomic, Inc.

500 Boylston St, 8th floor
Boston, MA 02116
United States of America
General.counsel@turbonomic.com