Pivotal Software, Inc. Privacy Statement

Last Updated on March 17, 2014
General Information

This Privacy Statement explains what types of information Pivotal Software, Inc. (“Pivotal” “we,” “us,”) or our service providers may collect from or about visitors to our websites or applications (“you”), and describes our practices for collecting, using, retaining, protecting, disclosing, and transferring such information.

Scope

This Privacy Statement applies to personal information and other information collected by Pivotal or its service providers from or about visitors to our websites or applications (collectively, “websites”) that display or link to this Privacy Statement. Unless otherwise specified below, this Privacy Statement does not apply to any other products or services or to information collected in any other way (whether online or offline) or for any other purpose. Information we may process about clients of our customers is addressed separately in the section below entitled "Personal Information of our Customers’ Clients."

What Personal and Other Information Does Pivotal Collect?

Pivotal or our service providers may collect personal information and other information from or about you when you:

  • use our websites to order products or services,
  • register products,
  • request information,
  • subscribe to marketing or support materials,
  • download software,
  • enter a contest,
  • respond to promotional campaigns, or
  • register to a secure extranet site to obtain access to product information, support, services, and training.

For purposes of this Privacy Statement, “personal information” means information that can be used to personally identify you, such as your name, address, telephone number, e-mail address, user IDs and passwords, billing and transaction information, credit card or other financial information, contact preferences, and similar information.

We also may collect information that is related to you but that does not personally identify you, such as your computer’s operating system, browser, and your use of and activities on our websites. See also the discussion below of cookies and other electronic tools used for the collection of such information.

How Does Pivotal Use Your Information?

Pivotal or our service providers may use information that we or our service providers collect from or about you, including any personal information:

  • to welcome you,
  • to help you complete a transaction or in order to deliver products or services requested by you,
  • to bill you for products or services you purchased,
  • to provide ongoing service and support,
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us,
  • to notify you about changes to our website or any products or services we offer or provide through it,
  • to improve our websites, services, and products,
  • to contact you to complete surveys that we use for marketing or quality assurance purposes,
  • to e-mail or otherwise send you marketing or other promotional information about Pivotal products or services that may be of interest to you,
  • to fulfill any other purpose for which you provide it,
  • in any other way we may describe when you provide the information,
  • to combat fraud or any other criminal activity,
  • as otherwise required or permitted by law, and/or
  • for any other purpose with your consent.

To assist us with the uses described in this Privacy Statement, information we or our service providers have collected from or about you through our websites, including about your use of such sites, may be combined with or enhanced by other information from or about you that we have obtained from other online or offline sources, including from our service providers or business partners.

Our websites may provide online newsgroups, chat forums, and blogs for our users. Any information that you disclose in these forums becomes public information, which could be read, collected, or used by other users to send you unsolicited messages. You should exercise caution when deciding to disclose your personal information. Our websites may also provide for "Live Chat" functionality, wherein Pivotal personnel can monitor the user's areas of interest in the website and engage in instant messaging with the user to provide additional information or answer any questions. By posting in our newsgroups and using "Live Chat," you explicitly consent to these uses of your information. We are not responsible for the personal information you choose to submit in these forums. For testimonials, we provide a choice as to whether a user posts his or her personal information along with the testimonial. See also the next section for an explanation of how Pivotal uses cookies, web beacons, and other electronic tools to collect other information about you for advertising and other purposes.

Collection of Information Using Cookies and Other Tools for Online Advertising

Pivotal may collect and/or log your Internet Protocol address, Internet domain name, the web browser and operating system used to access our websites, the files visited, the time spent in each file, and the time and date of each visit. Pivotal may collect this information automatically as you browse our websites through the use of log files and web beacons. Pivotal may also use cookies to automatically collect information about your use of our websites. Cookies are text files that are sent from a website or application via your browser and placed on your computer's hard drive or your mobile device. Thereafter, when you visit that website or application, a message is sent back to the web server by the browser accessing the website or application, and this information about your activities is stored in the cookie. The information collected in cookies (e.g., the web pages you visit on the website and navigation patterns, the date and time of your visit, the number of links you click within the site, the functions you use on the site, the databases you view and the searches you request on the site, the data you save on, or download from, the site, and the third-party websites you visited immediately before and after visiting the websites, and when you open our e-mails or click on any of their links) may be used and analyzed to improve our service to you and to personalize your web-browsing experience by providing Pivotal with a better understanding of your interests and requirements regarding our websites. Cookies may be linked to your personal information, such as your e-mail address or password. We may also use cookies and other electronic tools placed by a third-party service provider to measure the effectiveness of our advertising and other information and help us understand what product information is of most interest to our customers and what kinds of advertising offers our customers like to see. Although the service provider logs the information coming from our websites on our behalf, Pivotal controls how that data may and may not be used. If you do not want to assist www.pivotal.io in improving our products, offers, and marketing strategy, you can opt out of this website analysis tool by clicking here to install this plug-in https://tools.google.com/dlpage/gaoptout. You may also elect not to accept cookies by changing the designated settings on your web or mobile browser. Or you can set your browser to notify you when you are being sent a cookie, giving you the chance to decide whether or not to accept it. Likewise, most mobile devices allow you to disable the ability for geo-location information to be collected from your mobile device. The help function on most browsers and mobile devices contains instructions on how to set your browser to notify you before accepting cookies, disable cookies entirely, or disable the collection of geo-location data. However, disabling cookies in either manner may prevent you from using certain functions and features of websites, and the advertising you receive when you visit the site may not be advertisements tailored to your interests.

With Whom Does Pivotal Share Your Information?

We may disclose information that does not identify any individual (e.g., anonymous, aggregated data) without restriction. Pivotal contracts with third-party service providers, partners and suppliers (including distributors and resellers) to deliver certain products, services, and customer solutions. Examples of such services provided on our behalf are mail delivery, website hosting, transaction processing, and event planning. Pivotal may share your personal information with its service providers and suppliers to the extent necessary to deliver the product or service you requested, respond to your requests for information on products or services, or otherwise support your business needs. You will not have the opportunity to opt out of having your information shared with these third-party service providers and suppliers for these purposes, and they may contact you directly regarding such purposes.

Third-party service providers and suppliers receiving personal information are authorized to use your personal information only for the purpose it was originally intended or as required or permitted by law. However, unless otherwise dictated by law or agreement, Pivotal is not responsible for any improper use by such parties.

We may also disclose your personal information and other information, including across country borders:

  • to our subsidiaries, affiliates, and worldwide offices,
  • to comply with the law or in response to a subpoena, court order, law enforcement or government request, or other legal process,
  • to produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings,
  • if Pivotal determines in its good faith judgment that such disclosure is necessary to provide its services or to protect the rights, interests, safety, or property of its business, employees, suppliers, customers, or others,
  • in connection with any proposed or actual sale or other transfer of some or all assets of Pivotal, and/or any proposed or actual sale or merger of Pivotal or any division of Pivotal,
  • to enforce the terms of any agreement with Pivotal,
  • to combat fraud or other criminal activity,
  • for any other purpose disclosed by us when you provide the information,
  • as otherwise required or permitted by law, and/or
  • with your consent.

Some Pivotal websites or services may be co-branded or offered in conjunction with another company. If you register for or use such websites/services, both Pivotal and the other company may receive information collected in conjunction with the co-branded website/services.

Unless permitted by relevant laws, Pivotal will not share, sell, trade, or lease your personal information to or with others except as provided for in this Privacy Statement.

Your Marketing Choices, Right to Access Your Personal Information, and Our Retention of Your Personal Information

Your Marketing Choices. Your decision to provide the personal information that we may request from time to time is voluntary. However, if you do not provide the personal information requested, 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 materials from Pivotal by following the specific instructions in the e-mail or other communication you receive or by notifying us via the appropriate method(s) described below. It may take a reasonable period of time to process your request, but no longer than 30 days for direct mail and telephone promotions and 10 business days for e-mail promotions. In countries where Pivotal is required to do so by law, Pivotal will offer you the opportunity to provide opt-in consent before promotional materials are sent, or promotional calls are made, to you. This will not apply to service communications that are considered part of certain Pivotal services, which you may receive periodically unless you cancel the applicable service.

Your Access to Your Personal Information. Pivotal strives to keep your personal information accurate. We have implemented technology, management processes, and policies to maintain data integrity. We will provide you with reasonable access to your personal information in accordance with relevant 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 will take steps to verify your identity before granting access or making changes to your personal information. To request access to your personal information, follow the applicable instructions below. 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.

Our Retention of Your Information. We will retain your personal information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, or request that we no longer use your personal information to provide you services, contact us via the applicable information provided below. Even after we cancel your account or cease using your personal information to provide you services, we may still retain, use, and disclose your information as necessary to comply with our legal, regulatory, ethical, or document retention obligations, and any request to delete your personal information is subject to these obligations and restrictions.

Pivotal Contact Information for Your Marketing Choices and Your Requests for Access or Deletion:

Unsubscribe here

Headquarters

3495 Deer Creek Road
Palo Alto, CA 94304

Transfer of Your Information to Other Countries

In accordance with applicable law, personal and other information covered by this Privacy Statement may be transferred to, and processed and stored in, the United States or any other country in which Pivotal or its affiliates, subsidiaries, service providers, business partners, or customers maintain facilities, even if the level of data privacy required is less than that required by the European Union or under the Safe Harbor. By submitting your personal information to Pivotal or our service providers, you consent to such transfers and to the worldwide processing of your personal information.

Links to Non-Pivotal Websites and Third Parties

Pivotal’s websites may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Pivotal website. Pivotal does not control these third-party websites or their privacy practices, which may differ from Pivotal's. We do not endorse or make any representations about third-party websites. The personal information you choose to provide to unrelated third parties is not covered by the Pivotal Privacy Statement. We encourage you to review the privacy statement of any entity before submitting your personal information.

Security of Your Personal Information

Pivotal has implemented administrative, technical, and physical measures designed to protect your personal information from accidental loss and from unauthorized access, disclosure, use, alteration, or destruction. These measures include computer safeguards and secured files and buildings, Internet firewalls, intrusion detection, anti-virus protection, network monitoring, and, where appropriate and required by applicable law, Transport Layer Security (“TLS”) or similarly encrypted browsers. However, no electronic data transmission or storage of information can be guaranteed to be 100% private and secure, and you understand that Pivotal does not ensure or warrant the privacy or security of any information we collect from or about you, and that you use the Pivotal websites and other Pivotal services and provide us with information at your own risk. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Please also be careful to avoid “phishing” scams, where someone may send you an e-mail that looks like it is from Pivotal asking for your personal information. Pivotal will never request your personal information through e-mail.

Your California Privacy Rights

IIf you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Pivotal to its affiliates and/or third parties for their direct marketing purposes. To make such a request, please send an e-mail with your first name, last name, mailing address, e-mail address, and telephone number to Pivotal’s Office of the General Counsel, at GeneralCounsel@pivotal.io. Please include “California Privacy Rights” in the subject line of your e-mail. You may also make such a request by writing to us at: marketing@pivotal.io

Children Under the Age of 13

Pivotal websites are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on our websites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this website or on or through any of its features/register on the website, make any purchases through the website, use any of the interactive or public comment features of this website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at marketing@pivotal.io.

Personal Information of our Customers' Clients

When we provide services to our customers, in some instances we process personal information about their clients ("Client Information") on their behalf. In these situations, it is our customers rather than we who decide the reasons for which the Client Information will be processed. For details of how the Client Information will be used and protected, and details of how to access or correct the information, please refer to the privacy statement of the Pivotal customer to which you submitted your personal information.

Questions About and Enforcement of this Privacy Statement

If you have questions regarding our compliance with this Privacy Statement, please contact us by making an e-mail submission to the Pivotal Legal Department at legal@pivotal.io or by mail to

3495 Deer Creek Road
Palo Alto, CA 94304
Attn: Pivotal Legal Department

Changes to this Privacy Statement

Pivotal will review and update this Privacy Statement periodically, and will note the date of its most recent revision above. If we make material changes to this Privacy Statement, 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. We encourage you to review this Privacy Statement frequently to be informed of how Pivotal is collecting, using, retaining, protecting, disclosing, and transferring your information.

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