Nutanix EU-US, UK-US and Swiss-US Privacy Shield Notice
Effective: May 7, 2021
Commitment to the Privacy Shield Principles
Nutanix is committed to protecting your privacy. This Privacy Shield Notice sets out the privacy principles we follow with respect to transfers of personal information from the European Economic Area (EEA), the United Kingdom (UK) and Switzerland to the United States, including personal information we process as part of our business operations, receive from individuals who visit our web and mobile sites, and who otherwise communicate or interact with us. Nutanix, Inc. as well as its affiliates PernixData, Inc., Minjar, Inc., Netsil Inc., Mainframe2, Inc., and Botmetric LLC (collectively, “Nutanix”), have certified and continue to comply with the EU-US and Swiss-US Privacy Shield regarding the collection, use and retention of personal information from the EEA, UK and Switzerland. However, Nutanix no longer relies on the Privacy Shield as a lawful mechanism to transfer your personal information.
Nutanix has certified to the US Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement for personal information received from the EEA, UK and Switzerland in reliance on the Privacy Shield, and our Privacy Shield certification is available here. For more information about the Privacy Shield generally please visit https://www.privacyshield.gov.
The Federal Trade Commission has jurisdiction over our compliance with the Privacy Shield. Nutanix remains liable if it fails to meet its obligations under the Privacy Shield and is responsible for the event giving rise to damage.
If there is any conflict between the terms of this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern.
Personal Information Processed
The types of personal information we may receive in the United States, as well as the purposes for which we collect and use it, are set out in the Nutanix Privacy Statement.
We will retain your personal information in an identifiable form only for the period necessary to fulfill the purposes outlined in the Nutanix Privacy Statement unless a longer retention period is required or permitted by law or by the Principles. We will adhere to the Principles for as long as we retain the personal information collected under the Privacy Shield.
If you otherwise wish to limit the use or disclosure of your personal information, please write to us at the contact details set out below.
Transfers to Third Parties
Nutanix no longer relies on the Privacy Shield as a lawful mechanism to transfer your personal information.
Information about the types of third parties to which we disclose personal information, the purposes for which we do so and the transfer mechanisms implemented are described in the Nutanix Privacy Statement.
If we have received your personal information in the United States and subsequently transfer that information to a third party acting as an agent, and such third party agent processes your personal information in a manner inconsistent with the Privacy Shield Principles, we will remain liable unless we can prove we are not responsible for the event giving rise to the damage.
Questions or Complaints
EEA, UK and Swiss individuals with inquiries or complaints regarding our Privacy Shield practices should first contact us by email at firstname.lastname@example.org or in writing to:
Attn: Legal Department/ Privacy Shield
1740 Technology Drive, Suite 150
San Jose, CA 95110
We will investigate and attempt to resolve any Shield-related complaints or disputes within forty-five (45) days of receipt.
If you have an unresolved Privacy Shield complaint that we have not addressed satisfactorily, we have committed to refer unresolved Privacy Shield complaints to JAMS which is an independent dispute resolution body located in the United States. These services are provided free of charge to you. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit here (JAMS) to file a complaint or for more information.
You may also have the option to select binding arbitration for the resolution of your complaint under certain circumstances. To find out more about the Privacy Shield's binding arbitration scheme please see https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Right of Access
EEEA, UK and Swiss residents have rights to access their personal information and request that Nutanix correct amend or delete it if it is inaccurate or processed in violation of the Privacy Shield.
If you would like to exercise these rights, please fill out the form on our request site or contact us using the contact details provided above.
Nutanix may request specific information from you to confirm your identity and we will respond to your request in accordance with the Privacy Shield Principles and applicable data protection laws.
You may also opt-out of receiving marketing communications from us by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.
Requirement to Disclose
In certain situations, Nutanix may be required to disclose personal information that we process under the Privacy Shield in response to lawful requests by public authorities, including to meet national security, to enforce contractual obligations, or to meet law enforcement requirements.
Changes to this Notice
We reserve the right to amend this Notice from time to time consistent with the Privacy Shield's requirements.