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Nutanix Privacy Statement

Last Updated: December 23, 2015

This Privacy Statement describes the types of information Nutanix Inc. and our subsidiaries (“Nutanix”, “we,” or “us”) collect through our websites, including the website at www.nutanix.com (our “Sites”), as well as all related websites, networks, applications, and other services provided by us and on which a link to this Privacy Statement is displayed (collectively, together with the Sites, our “Offerings”). This Privacy Statement describes the information that we gather from you on our Offerings, how we use and disclose such information, and the steps we take to protect such information.

Information We Collect on our Offerings

  • User-provided Information. When you use our Offerings, we may collect information about you, including your name, contact information, credit card or other billing information, geographic area, or preferences and we may link this information with other information about you. You may provide us with information in various ways through our Offerings. For example, you provide us with information when you order or register to use features of our Offerings, use our Offerings, make a purchase through our Offerings, request information from us, or send us customer service-related requests.
  • Cookies and Automatically Collected Information. When you use our Offerings, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Sites. Your web browser may provide you with some options regarding cookies. Please note that if you delete, or choose not to accept, cookies from our Offerings, you may not be able to utilize the features of those Offerings to their fullest potential. We may use third party cookies in connection with our Offerings as well. For instance, we use Google Analytics to collect and process certain analytics data. Google provides some additional privacy options described at www.google.com/policies/privacy/partners/ regarding Google Analytics cookies. Nutanix may not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit our Sites or who use our Offerings.
  • We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use our Offerings, the pages or other content you view or otherwise interact with through our Offerings, and the dates and times that you visit, access, or use our Offerings. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
  • Location Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).
  • Third Party Buttons. We may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Nutanix. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
  • Information from Other Sources. We may obtain information from third parties, such as our partners and advertisers, and from other sources outside of our Offerings, such as from certain offline sources such as trade shows.

How We Use the Information We Collect.

We use information we collect on or through our Offerings in a variety of ways in providing our Offerings and operating our business, including the following:

  • We use the information that we collect on or through our Offerings to operate, maintain, enhance and provide all features of our Offerings, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that we may offer from time to time.
  • We use the information that we collect on or through our Offerings to understand and analyze the usage trends and preferences of our users, to improve our Offerings, and to develop new products, services, features, and functionality.
  • We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.
  • We may use cookies and automatically collected information to: (i) personalize our Sites, such as remembering your information so that you will not have to re-enter it during your use of, or the next time you use, our Offerings; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of our Offerings and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities offered through our Offerings.

When We Disclose Information.

Except as described in this Privacy Statement, we will not disclose information about you that we collect on or through our Offerings to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

  • Any information that you voluntarily choose to include in a publicly accessible area of the Sites or any of our Offerings will be available to anyone who has access to that content, including other users.
  • We work with third party service providers to provide website, application development, hosting, maintenance, sales enablement and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
  • We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
  • We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of our Offerings and any facilities or equipment used to make our Offerings available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
  • Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
  • We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through our Offerings.

Hosted Data

Nutanix’s obligations with respect to data that may be accessed as a function of Nutanix’s role as a cloud services and Infrastructure-as-a-Service (IaaS) provider, such as data stored or transferred by Nutanix customers through Nutanix’s hosted Offerings are defined in our agreements with our customers and are not governed by this Privacy Statement.

Your Choices

We will provide you with reasonable access to information about you in accordance with applicable laws, including by making reasonable efforts to provide you with online access and the opportunity to update your information. To protect your privacy and security, we may take steps to verify your identity before granting access or making changes to information you have provided us. To request access to, or correction, deletion or removal of, information about you, follow the applicable instructions below depending on which website or service is at issue. While we will make reasonable efforts to accommodate your request, we also reserve the right to reject such access requests or to impose certain restrictions and requirements on such requests, if required or permitted by applicable law. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at privacy@nutanix.com or by writing to us at the address given at the end of this Privacy Statement. Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Offerings.

Third-Party Services

Our Offerings may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through our Offerings. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through our Offerings. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Children’s Privacy

Protecting the privacy of young children is especially important. Our Sites are general audience websites not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent.

Data Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

International Visitors

Our Offerings are hosted in the United States. If you choose to use our Offerings from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating and providing our Offerings. By providing any information, including personal information, on or through our Offerings, you consent to such transfer, storage, and processing.

Changes and Updates to this Privacy Statement

Please revisit this page periodically to stay aware of any changes to this Privacy Statement, which we may update from time to time. If we modify this Privacy Statement, we will make it available through our Offerings, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access one of our Offerings for the first time after such material changes are made. Your continued use of our Offerings after the revised Privacy Statement has become effective indicates that you have read, understood and agreed to the current version of this Privacy Statement.

Your California Privacy Rights

Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us at privacy@nutanix.com.

Our Contact Information

Please contact us with any questions or comments about this Privacy Statement, your Information, our use and disclosure practices, or your consent choices by email at support@nutanix.com. You can also contact us using the information provided here.