NAKIVO PRIVACY POLICY

Defined terms

"Cookie" means a small piece of data sent by the web server and stored on your computer that the web client or web browser sends to the web server each time in the HTTP request when they try to open the page of the corresponding site.

"Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person ("data subject") consumer, or household. Personal Information should be understood as equivalent to Personal data under the GDPR. Personal Information does not include data that has been irreversibly anonymized or aggregated.

"Processing of Personal Information" or "Processing" means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

"Product" means the object code of the software and all accompanying documentation delivered by NAKIVO.

"Service" means any service rendered by NAKIVO, including but not limited to: support, maintenance, cloud backup storage, cloud computing etc.

Categories of processed Personal Information

In case you engage with NAKIVO in any way, NAKIVO may ask for:

• your name;
• address;
• e-mail;
• phone number; and
• other appropriate information needed to contact you and render Products and Services.

When you download, install, access, or use Products or apply for Services, you may be additionally asked to provide the following Personal Information:

• account user ID;
• password; and
• your e-mail.

When paying for use of the Products and Services of NAKIVO the following Personal Information is necessary:

• Payment details (e.g. banking details, payment card information or payment system identifier).

In most cases your payment details shall be minimized or obstructed from our full access by payment service providers (i.e. we will not have access to your full banking card number, CVV or any other critical data).

The Products and Services will also automatically collect and send NAKIVO your basic infrastructure data, such as:

• the operating system the Product runs on;
• hypervisors, repositories;
• VMs in the Product inventory;
• information on the Product license;
• technical logs; and
• other Product- or Service-related information.

If you do not want us to collect this information, do not download the Products or apply for Services, and delete those from your device.

If you choose to provide NAKIVO with a third party's Personal Information, you represent that you have the third party's permission to do so.

Consent

By using NAKIVO's Website, Products or Services, or providing any Personal Information to us, you consent to the transfer, processing, and storage of such information, including outside your country of residence, specifically into the United States of America, where NAKIVO has its principal place of business.

NAKIVO may act as or be considered a "data controller" or "data processor", depending on the context of processing. When NAKIVO acts as a data controller, you are entitled to exercise your rights under applicable data protection laws, including the rights of access, rectification, erasure, restriction of processing, objection, and data portability.

NAKIVO operates internationally and may process Personal Information in countries where NAKIVO, its affiliates, distributors, service providers, or business partners operate.

Where Personal Information is transferred outside the European Economic Area, the United Kingdom, or another jurisdiction requiring appropriate safeguards, NAKIVO implements suitable transfer mechanisms in accordance with applicable data protection laws, including Standard Contractual Clauses approved by the European Commission or other legally recognized safeguards where required.

Purpose of collection and processing of Your Personal Information

Your Personal Information is used for the following purposes:

• for distribution, operation, improvement, and maintenance of the Product and Services;
• for personalization of the Product and Services, content, loyalty programs, and related services;
• for delivery of technical notices, updates, security alerts and administrative messages;
• for end-user communication, support and troubleshooting;
• for rendering news and information about the Product and Services;
• for measuring end-user use of the Product and Services;
• for resolution of disputes;
• for prevention of illicit or prohibited use of the Product and Services;
• for surveys or questionnaires;
• for compliance with legal requirements, bookkeeping practices and KYC purposes;
• to accept payments from you for your access to Product and Services;
• to authorize you to manage your use of the Product and Services and send you confirmations and important information about your account, Products, Services, purchases, subscriptions, and warranties;
• to present advertising, offers, and/or information relating to the Product and Services that you might like (on the basis of your consent);
• to personalize advertising for you and deliver targeted marketing, service updates, and promotional offers (on the basis of your consent);
• for statistical and scientific analysis (data is being anonymized or depersonalized, if possible).

Unless otherwise stated afore, Your Personal Information is collected and processed on the following basis:

• for fulfillment of contractual obligations;
• on the basis of legal requirements; and
• for the purposes of the legitimate interests of NAKIVO.

Legal Basis For Processing

Where the GDPR or similar legislation applies, NAKIVO processes Personal Information on one or more of the following legal bases:

• performance of a contract;
• compliance with legal obligations;
• NAKIVO's legitimate interests, including improving Products and Services, ensuring network and information security, preventing fraud, supporting customers, and operating its business;
• your consent, where consent is required under applicable law (for example, certain marketing communications or non-essential cookies).

Marketing communication

We may send you newsletters, product updates, and promotional offers only where you have provided prior consent. You may withdraw such consent or unsubscribe at any time by following the instructions in each communication or by contacting NAKIVO directly. Withdrawal of consent does not affect the lawfulness of processing carried out before such withdrawal.

No sale of Personal Information, third-party access to Personal Information

We do not share, rent, or sell any Personal Information (such as your name or email address) to any outside organization for use in its marketing or solicitations. Occasionally NAKIVO may use agents or contractors who will have access to your Personal Information to perform services for NAKIVO (such as database maintenance), however, they are required by us to keep the information confidential and may not use it for any purpose other than to carry out the services for NAKIVO. In addition, NAKIVO may also share aggregate information about its customers with advertisers, business partners, and other third parties. For example, we might share that "our users are x percent PC users and y percent Macintosh users". None of this information, however, will contain personal, identifying information about our users. NAKIVO may also disclose information that it collects to comply with any court order, law, or legal process, including to respond to any government or regulatory request, to enforce its rights arising from any contracts entered into between NAKIVO and customers, such as the EULA, and if disclosure is necessary or appropriate to protect the rights, property, or safety of NAKIVO, its customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

Categories of third parties, who process access your Personal Information on behalf or in favor of NAKIVO are as follows:

• Hosting services providers, contracted to host the infrastructure of NAKIVO, as well as any data processed through NAKIVO Product and Services.
• Database and software developers contracted by NAKIVO.
• Online support and chat interface providers.
• Payment service providers, which facilitate payments for your use of NAKIVO Product and Services.
• Marketing and statistical service providers, facilitating audience outreach of NAKIVO.
• Courts and law enforcement authorities in case of due request or subpoena.

Security of Personal Information

We intend to protect the Personal Information entrusted to us and treat it securely in accordance with this Privacy Policy. NAKIVO implements physical, administrative, and technical safeguards designed to protect your Personal Information from unauthorized access, use, or disclosure. We also contractually require that our partners protect such information from unauthorized access, use, and disclosure. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting access to Personal Information to those needing it to act out the processing.

Your rights to Personal Information

You have the following rights regarding your Personal Information:

• Right to access – you may contact us and we will inform what your Personal Information we have collected and processed and the purposes such information is used for.
• Right to rectification – you have the right to have incorrect/imprecise, incomplete, outdated, or unnecessary Personal Information we have stored about you corrected or completed.
• Right to deletion – you may also ask us to delete your Personal Information from our systems. We will comply with such a request unless we have a legitimate ground to not delete the data.
• Right to object – you may object to certain use of Personal Information if such information is processed for other purposes than purposes necessary for the performance of our services or for legal requirements or legitimate interests of NAKIVO. You may also object to any further processing of Personal Information after prior given consent.
• Right to restriction of processing – you may request us to restrict certain processing of Personal Information.
• Right to data portability – you have the right to receive Personal Information from us in a structured, commonly used format.
• Right to deny automated individual decision-making – NAKIVO does not utilize automated individual decision-making and profiling.

Your rights regarding Personal Information may be invoked by sending us a letter or e-mail including the following information: name, User ID. We may request the provision of additional information necessary to confirm the identity of the data subject, including, but not limited to: address, phone number and/or a copy of a valid ID. We may reject or request a fee for requests that are unreasonably repetitive, excessive or manifestly unfounded. Please note that in certain cases NAKIVO might act as a processor without direct access to Personal Information and therefore the requests and inquiries should be directed to the controller.

In case you deem your rights to Personal Information unfulfilled within reasonable time after sending us the relevant request, a complaint may be lodged with the local supervisory authority or court.

Breach notification

In the event of a Personal Information security incident, NAKIVO will investigate the incident and comply with all applicable legal obligations regarding notification to supervisory authorities, customers, partners, or affected individuals, as required by applicable law.

Data retention

We only retain the Personal Information collected from a user for as long as the user's account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by applicable law.

NAKIVO Online Store

The NAKIVO Online Store is designed to give you options concerning the privacy of your identifying information. If you choose, you can set up an account. This will allow you to have a customized order page for express ordering and to view your purchasing history. To protect your privacy, we have designed the Websites to include certain steps to verify your identity before granting you access or enabling you to make corrections in an account. You will always have access to this account information and can view it, update it or correct it at any time. To access your information, you will need to use a password.

When purchasing Products and Services through our Website, the order form will also ask you to provide a daytime telephone number. However, the telephone number is only used to quickly resolve questions relative to an order, such as to clarify customer email addresses that are inactive or entered incorrectly.

Third-party links

Our Websites may include links to third-party websites. Third-party websites and services have separate privacy and data collection practices. Once you leave our Website, NAKIVO cannot control, and has no responsibility for, the privacy policies or data collection activities at another site.

Cookies

Cookies are small text files placed on your device when visiting the Website or using NAKIVO Products or Services. They support essential website features, help us understand how Website, Products and Services are used, and allow us to deliver a more relevant experience. Cookies set by NAKIVO via Website or Products are called "first-party cookies." Cookies set by parties other than the website owner are called "third-party cookies." Third-party cookies enable third-party features or functionality, such as advertising, interactive content and analytics. The parties that set these third-party cookies can recognize your computer both when it visits our Website, use our Products or Services and also when it visits certain other websites. This notice does not cover the use of cookies by any third parties. Categories of Cookies we use are as follows:

• Strictly Necessary Cookies – Cookies that are necessary for the Website, Products and Services to function and cannot be switched off. They are usually only set in response to actions made by you which amount to a request for Services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these Cookies, but some parts of the Website, Products or Services will not work. These Cookies do not store any personally identifiable information.
• Functionality Cookies – Cookies that enable the Website, Products or Services to provide enhanced functionality and personalization. These may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these Cookies, then some or all of the services may not function properly.
• Performance & Analytics Cookies – Cookies that allow us to count visits, traffic volumes and navigation patterns, so we can measure and improve the performance of our Website, Products or Services. They help us to know which pages are the most and least popular and see how visitors use the Website, Products or Services. All information these Cookies collect is aggregated and therefore anonymous. If you do not allow these Cookies, we will not know when you have visited our Website, and will not be able to monitor its performance.
• Advertising & Targeting Cookies – Cookies may be set through our Website by us or our advertising partners. They may be used to build a profile of your interests and show you relevant adverts on other websites, measure effectiveness of promotions, enable retargeting on partner platforms. They do not store directly Personal Information, but are based on uniquely identifying your browser and internet device. If you do not allow these Cookies, you will experience less targeted advertising.

You have the right to decide whether to accept or reject cookies. Opt out by altering your web browser's settings to reject Cookies. To learn more about Cookies, and make informed choices, you can visit the websites of the Digital Advertising Alliance at optout.networkadvertising.org.

Children's privacy protection

NAKIVO's Website, Products and Services are not directed to or intended for children, and NAKIVO does not knowingly collect Personal Information from individuals where prohibited by applicable law. If we become aware that such information has been collected, we will take reasonable steps to delete it.

Changes to this policy

NAKIVO may from time to time revise its privacy policy. You should therefore periodically visit this page, so you are aware of any such revisions. We will not, however, use your existing information in a manner not previously disclosed. You will be advised and have the opportunity to opt out of any new use of your information.

Payment information security

We accept payments through various authorized methods, including but not limited to credit cards, bank transfers, and online payment systems. Payments may involve banks, licensed payment agents, or other reputable third-party providers, depending on the method selected. We continuously monitor and update our payment options to ensure compliance with recognized financial security practices and to safeguard against unauthorized access, fraud, or misuse of payment information.

Data processing

In case you use NAKIVO cloud services (where applicable) to store or process Personal Information of third parties when acting as a Data Controller under applicable data protection legislation, NAKIVO shall be deemed a data processor in accordance with applicable data protection laws; in case you act as a data processor - NAKIVO shall be deemed a data sub-processor. In case of such a data processing arrangement:

• You shall be solely responsible for compliance with applicable data protection legislation. It is your duty to assess whether policies or protections herein meet your data protection obligations.
• NAKIVO will process the Personal Information pursuant to your instructions as detailed in this Policy, applicable data protection legislation and bilateral agreements.
• NAKIVO shall have no access to the processed Personal Information of your data subjects, unless you deliberately instruct or arrange otherwise.
• You are solely responsible for communicating directly with your data subjects.
• NAKIVO shall take reasonable efforts to comply with legitimate instructions made by you or data subjects or regulatory bodies. We shall notify you if we have reasons to believe the instruction to be noncompliant with applicable data protection legislation.
• In case NAKIVO is obligated to disclose Personal Information pursuant to a legitimate governmental or court order, NAKIVO shall make commercially reasonable efforts to (i) keep you informed of the disclosure and (ii) to ensure confidentiality and a limited scope of such disclosure.

In case you need to make data processing instructions or enter additional legal arrangements (SCC, BAA, etc.), please contact us at legal@nakivo.com.

Contact details

If you have any questions about our privacy policy and/or the practices of our Website, you can write to our site coordinator at marketing.team@nakivo.com or address us by regular mail to:

NAKIVO Headquarters
4894 Sparks Blvd.
Sparks, NV USA
89436-8202