Last Updated: May 1, 2019
This Privacy Statement describes the types of information the Nutanix group of companies which includes Nutanix, Inc., Nutanix Netherland, B.V., and their subsidiaries and affiliates, (collectively, “Nutanix”, “we,” “our,” 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
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.
When you use our Offerings, we may collect certain information automatically from your device, including information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (by use of GPS or other geolocation features of your device) and other technical information. We may also collect information about how your device has interacted with our Offerings including our Sites, including the pages accessed and links clicked. Some of this information may be collected using cookies and similar tracking technology.
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, including from certain offline sources such as trade shows.
Cookies, Web Beacons, and Other Data
Nutanix engages commonly-used website navigation and information gathering tools, such as cookies and web beacons, to collect information as you navigate our Offerings. Nutanix and our affiliates use these cookies or similar technologies to analyze trends, administer our Offerings, track user’s movements around our Offerings, store preference information in our Offerings, serve targeted advertisements, and gather demographic information about our user community as a whole. For further information about the types of cookies we use, why, and how you can control cookies, please see our Cookie Notice.
Log Files, IP Addresses, URLs and Other Data
Nutanix, like most websites, gathers certain information automatically to analyze trends in the aggregate and administer our Offerings. This information may include your Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. Due to Internet communications standards, when you visit or use our Offerings, we automatically receive the URL of the website from which you came and the website to which you go when you leave our Offering. This information is used to analyze overall trends, to help us improve our Offerings, to track and aggregate non-personal information, and to provide the Offerings.
Social Media Features and Single Sign-on
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;
provide services and information that you request;
respond to comments and questions;
otherwise to provide support to users;
process and deliver entries and rewards in connection with promotions that we may offer from time to time;
understand and analyze the usage trends and preferences of our users;
improve our Offerings; and
to develop new products, services, features, and functionality.
We may use your email address or other contact information we collect to:
contact you for administrative purposes such as customer service or
send communications, including updates on promotions and events, relating to products and services offered by us and by third-parties.
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.
We will provide you with reasonable access to information about you in accordance with applicable laws, including by providing 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, please contact us at firstname.lastname@example.org. 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 marketing communications 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 email@example.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.
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 any competent law enforcement body, regulatory, government agency, court or other third-party where we believe disclosure is necessary to comply with applicable law or regulation, 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 in which case the acquirer, successor or assignee will use your personal information in line with this Privacy Statement.
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.
At Nutanix, security is a priority. Nutanix holds several security certifications. You can find more information on our security protocols and certifications on our Trust website. We use physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect, process and maintain. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Security is an evolving area and Nutanix is constantly working to not only raise the level of security it deploys but also the security training of its employees.
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.
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.
International Transfer of Information and International Visitors: Privacy Shield
Nutanix, Inc., as well as its affiliates PernixData, Inc., Minjar, Inc., Netsil Inc., Mainframe2, Inc., and Botmetric LLC participate in the US Privacy Shield program with Offerings hosted in the United States. Privacy Shield details are available on our Privacy Shield Notice page, found here. 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.
We may transfer and process your personal information in countries other than the country in which you are resident in connection with storage and processing of data, fulfilling your requests, and operating and providing our Offerings. These countries may have data protection laws that are different to the laws of your country.
In compliance with the Privacy Shield Principles, Nutanix commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield statement should first contact Nutanix here, or email Nutanix at firstname.lastname@example.org, or write to:
Nutanix Privacy Team
c/o Legal Department
180 Metro Drive
San Jose, CA 95110
Nutanix has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.
Nutanix is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident.
We use a limited number of third party providers to assist us in providing the Offerings to our customers. These third parties may access, process or store personal data in the course of providing these services, but based on Nutanix’s instructions only. If we receive personal data subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage.
EU-US Privacy Shield and Swiss-US Privacy Shield
To comply with European Union and Swiss data protection laws, Nutanix has self-certified under the EU-US and Swiss-US Privacy Shield. For more information about Nutanix’s Privacy Shield participation, please visit our Privacy Shield Notice. To read more about the Privacy Shield Program, please visit www.privacyshield.gov.
If you are a visitor/customer located in the European Economic Area ("EEA"), Nutanix Netherlands, B.V. is the data controller of your personal information. Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.
You have the following rights:
- If you wish to access, correct, update or request deletion of your personal information, see 'Your Choices' above.
- You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. To exercise these rights contact us or by email: privacy (at) nutanix.com.
- If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- To exercise these rights contact us here or email email@example.com.
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives, then we will securely store your personal information and isolate it from any further processing until deletion is possible.
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.
Protecting the privacy of young children is especially important to Nutanix. 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. If you believe we have collected information belonging to an individual under the age of 13, please let us know by contacting us.
Changes and Updates
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. Where permitted, your continued use of our Offerings following the publication of the updated terms or notice indicates your acceptance of the updated terms and/or notice.
If you have any questions or comments about this Privacy Statement, your Information, our use, and disclosure practices, or your consent choices, please contact us, by email to privacy (at) nutanix.com, or you can contact us using the information provided here.
1740 Technology Drive, Suite 150
San Jose, CA 95110