Our Commitment to Privacy
- Use our website (www.netscout.com or the “Site”), mobile applications, online products and services provided by us, or our maintenance and professional services (collectively the “Services”);
- Request quotes, services, support, downloads, trials, whitepapers or information;
- Place orders for products or Services or register for events or webinars;
- Apply for credit or financing;
- Participate in surveys, sweepstakes or other promotional activities online or in any other venue;
- Subscribe to newsletters, programs, promotional emails or other materials;
- Apply for a job, submit your resume/CV or create a candidate profile; or
- Contact us.
COLLECTION OF INFORMATION
Information You Provide to Us
We collect personal information you provide directly to us or that we may obtain in connection with our offerings. For example, we collect personal information when you create an online/mobile application account and/or profile, use or access our Services, including any interactive areas of our Services, request, register or purchase products or Services, fill out a form, provide us with your business card or other contact information, participate in a contest or promotion, complete a product or Services-related survey, apply for a job, participate in discussion groups or forums, sign up to receive one of our newsletters, communicate with us via third-party social media sites, request customer support, or register to a secure extranet site to obtain access to webinars, product information, support, Services and training, or otherwise communicate with us.
The types of personal information we may collect include your name, email address, account username, password and/or responses to security questions, address, phone number, company name and your company related contact details, details regarding your job function, job title, industry sector, work-related records and reports, device and tool information related to your account (e.g., serial number and date purchased), payment information, service activation codes, photographs, videos, diagrams, notes, and any other personal information you choose to provide.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we may automatically collect certain information, which could include personal information, such as:
- Log Information: We log information about your use of the Services, including your Internet Protocol (“IP”) address, the type of browser you use, access times, pages viewed, number of clicks, and the pages you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, or information about certain NetScout tools or devices you use, including the hardware model, MAC address, operating system and version, unique device identifiers and mobile network information.
- Network Information: We may collect information about your network, such as information about connected devices, nodes, configurations, connection speeds and network and application performance.
- Location Information: If you have given us your prior permission (or as otherwise permitted pursuant to applicable law), we may collect information about the location of your mobile device, or NetScout device or tool, each time you access or use one of our mobile applications, devices or tools. For more details, please see “Your Choices” below.
- Usage Information: We may collect information about your use of our products and Services, such as how often the products and/or Services are used, the duration and quality of use, the types of use (e.g. data creation, storage, access, deletion), calibration data, project configuration data and operator data.
- Information Collected by Cookies and Other Tracking Technologies: Cookies and other tracking technologies such as web beacons/tags, local shared objects (collectively, “Cookies”) are used to enhance your experience by allowing us to tailor our content based on your interests and distinguish you from other users of our Services. Cookies consist of small files of letters and numbers that we store on your browser or the hard drive of your device. Information collected by Cookies may be tagged to your contact information, device information or other personal information that you have provided to NetScout. For instance, Cookies can contain information, such as your user ID or preferences, which we use to personalize content, track the pages you’ve visited, or to save your password so you do not have to re-enter it each time you visit our Services. We use the following types of Cookies:
- Strictly Necessary Cookies. These are Cookies necessary to make our Services function as intended. They include, for example, Cookies that enable you to use a shopping cart.
- Analytical/Performance Cookies. These Cookies allow us to recognize and count the number of visitors to, and to see how visitors move around, our Services. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily.
- Functionality Cookies. These Cookies enable us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region). They may also be used to recognize you when you return to our Services.
- Third-party Advertising Cookies. We may allow third parties to place Cookies on your device for advertising and analytics purposes.
You can learn more about Cookies by visiting www.allaboutcookies.org/manage-cookies/index.html; and opt-out of certain Cookies by visiting your browser or device settings, including in some cases to prevent their installation altogether. Although rejecting certain Cookies will not interfere with your ability to interact with most of our Services, certain functions and/or Services might be unavailable to you if you reject certain Cookies.
NetScout uses and allows certain third-party Cookies on our Site to help us understand what product information is of most interest to you, to send advertisements tailored to your interests (interest based advertising), and to measure the effectiveness of such advertising and other information.
These third-party Cookies collect and analyze certain types of personal information, including IP address, browser type, system language, screen resolution metrics, ISP, pages visited and URLs of web pages that referred visitors to the Site, OS version, Geo Location, time zone, date time stamp, time spent on pages, and clickstream data session information and other similar information. The third-party Cookies may collect such personal information on our Site and combine the information collected with other information from other websites and/or other online or mobile products and services you may use or visit.
To learn more about certain Cookies used to send interest based advertising and to exercise certain opt-out choices you may have, please visit the Digital Advertising Alliance, Network Advertising Initiative, or for our mobile applications, your device settings or downloading the AppChoices mobile application.
USE OF INFORMATION
We may use your personal information for various purposes, including to:
- Provide, maintain and improve our products and Services;
- Provide and deliver the products and Services you request, process transactions and send you related information, including confirmations and invoices;
- Resolve technical issues related to products and Services, and send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests, and provide customer service;
- Communicate with you about products, services, offers, free trials, surveys, contests, promotions, rewards and events offered by us and others regarding the Services, and provide news and information we think will be of interest to you, including through electronic communications with your consent or where otherwise permitted by applicable law; (please see “Your Choices” below);
- Monitor and analyze trends, usage and activities in connection with our products, Services and related tools and those of third parties, with your consent or where otherwise permitted by applicable law;
- Personalize and improve our products and Services, and provide advertisements, content or features that match your user profile(s) or interests, with your consent or where otherwise permitted by applicable law;
- Process and deliver contest entries and rewards;
- Link or combine with information we get from others to help understand your needs and provide you with better service, with your consent or where otherwise permitted by applicable law; and
- Carry out any other purpose which is compatible with the purpose for which the information was collected.
In order to process your personal information, we may rely on your consent, our legitimate interest in customizing and providing our products and Services, and the need to process your personal information in order to provide our products and Services to you, as our legal bases (where required) for collecting your personal information.
- NETSCOUT ensures the confidentiality and availability of the personal data that it processes and that appropriate technical and organizational measures are taken to protect such personal data.
- NETSCOUT safeguards include:
- Physical safeguards, such as locked doors and file cabinets, controlled access to our facilities, and secure destruction of media containing personal information.
- Technology safeguards, such as use of anti-virus and encryption software, and monitoring of our systems and data centers to ensure compliance with our security policies. We also complete quarterly external vulnerability scans, an annual penetration test, and an annual gap/risk assessment.
- Organizational safeguards, through training and awareness programs on security and privacy, to ensure that all employees understand the importance and means by which they must protect personal data, as well as through privacy policies and policy standards that govern how NETSCOUT treats personal.
- To enter into data protection terms with NETSCOUT, complete the NETSCOUT Data Privacy Addendum available at https://www.netscout.com/legal/terms-and-conditions.
CROSS BORDER TRANSFERS
Your personal information will be stored at our offices or on our servers and those of our Service Providers (defined below), which may be located in the United States or other countries which may not have a level of data protection law equivalent to that of your country. With respect to such transfers from the European Economic Area (“EEA”) to the US and other non-EEA jurisdictions, we may rely on the European Union Model Clauses, binding corporate rules or other approved cross-border transfer mechanisms approved by the European Commission and/or the need to process your personal information in order to provide the requested products and Services (performance of a contract) to transfer your personal information. As permitted by applicable law, you may request details about the suitable safeguards we have in place by contacting us using the contact details in the Contacts Section. With respect to such transfers from the EEA and Switzerland to the US, we may also rely on our self-certification under the relevant Privacy Shield Framework (see below).
SHARING OF INFORMATION
- With distributors, resellers, channel partners and others in connection with the sale and marketing of products and services offered by NetScout or on behalf of NetScout with your prior permission or where otherwise permitted by applicable law (please see “Your Privacy Rights” below for more information about your choices with respect to this type of sharing);
- With other users at your direction or through functionality available in the Services, including when you participate in the interactive areas of the Services;
- With vendors, consultants, and other Service Providers who need access to such information to carry out work on our behalf;
- With third parties who need access to such information to perform a service that you requested;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required or permitted by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect our rights, property and safety and the rights, property and safety of others;
- Where necessary in connection with, or during negotiations of (including due diligence), any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, subject to our taking such further steps as may be required by applicable law;
- With your consent or at your direction, such as where you decide to share information through an external application programming interface (“API”); and
- If you choose to use our referral service to tell a friend about a page on netscout.com, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. NetScout does not store this information.
Unless permitted by relevant laws, or you have provided consent, we will not sell, rent or otherwise provide your personal information to third parties (other than NetScout affiliates) for marketing purposes unless you have granted us permission to do so.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
SOCIAL SHARING FEATURES
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button, and the LinkedIn and Twitter “Follow” buttons), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features. We accept no responsibility for the privacy practices of these entities.
If you choose to use our referral service to tell a friend about a page on netscout.com, we will ask you for your friend’s name and email address, which we understand you are authorized to provide. We will automatically send your friend a one-time email inviting him or her to visit the Site. NetScout does not store this information.
DO NOT TRACK
At this time, the Site is not configured to honor browsers' "Do Not Track" signals.
The security of your personal information is very important to NetScout. We have in place physical, administrative, and technical safeguards designed to protect your personal information. In addition, NetScout uses standard security protocols and mechanisms to exchange the transmission of sensitive such as credit card details.
While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and use a secure browser.
If you choose to not provide certain personal information, 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 your preferred method of communication from us by following the specific instructions in the email you receive or by notifying us via the appropriate method below under "Communications Preference and Unsubscribing." In countries where required by law, NetScout will offer you the opportunity to opt-in before promotional materials are sent to you. This will not apply to the receipt of mandatory communications that are considered part of certain NetScout Services, which you may receive periodically unless you cancel the Service.
NetScout strives to keep your personal information accurate. We have implemented technology, management processes and policies to maintain personal information integrity. We will provide you with access to your personal information when reasonable, or in accordance with relevant laws, including making reasonable effort to provide you with online access and the opportunity to change your personal 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. Requests to delete personal information are subject to any applicable legal and ethical reporting or document retention obligations. To access and/or correct information, you can do so online or notify us via the appropriate method below.
Your Privacy Rights
As described above, we may share personal information with third parties for marketing purposes in relation to our products and Services with your prior permission or where otherwise permitted by applicable law. To opt out of having your personal information shared in this way, please contact us at [email protected].
In accordance with applicable law, you may have the right to access, correct, delete, transfer, restrict or object to the processing of certain personal information at any time. This may be done by logging into your online account or emailing us at [email protected], or by contacting us by phone at 1-800-357-7666, 978-614-4000, or mail at NetScout Systems, Inc., Data Privacy Office, 310 Littleton Road, Westford, MA, USA, 01866. When contacting us, please provide your name, title, company name, and email address. Your request will be answered within a reasonable timeframe, consistent with applicable law.
Please note that we may charge a small fee for complying with the above requests where permitted by applicable law. In addition to the above rights, depending on your location, you may have the right to lodge a complaint with your local data protection authority.
If you wish to deactivate or delete your account, please email us at [email protected], but note that we may retain certain personal information as required by law or for legitimate business purposes. We may also retain cached or archived copies of personal information for a reasonable period of time.
We may collect location information when you use certain NetScout devices or tools. The owner of the account associated with such devices or tools can control the collection and use of this location information through his or her account settings. If the account owner deactivates the collection of location information, certain features of our devices or tools may no longer function.
Communications Preference and Unsubscribing
You can choose your preferred method of communication from NetScout using the Communications Preference Center. You may also choose to opt out of NetScout contacting you for marketing purposes by email, postal mail, fax and/or phone by sending an email to [email protected], by calling us at 978-614-4000, or writing to us at 310 Littleton Road, Westford, MA 01866. If you opt out, we may still send you non-marketing communications, such as those about your account or our ongoing business relations.
With your consent, we may send push notifications or alerts to your mobile device for updates and communications related to the Services. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Children’s Privacy Protection
This Site does not target and is not intended for children under the age of 13. Further, this Site will not knowingly collect personal information from children, and NetScout will delete such information upon discovery.
We are responsible for the processing of personal information we receive under these Privacy Shield Frameworks and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of Personal Information from the EU and Switzerland. We remain liable under the Privacy Shield Principles if third-party agents that we engage to process personal data on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.
In certain situations, we may be required to disclose Personal Information in response to lawful requests by public or government authorities, including to meet national security or law enforcement requirements. With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, NetScout is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to [email protected]. If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to [email protected].
In compliance with the Privacy Shield Principles, NetScout commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact NetScout by email at [email protected]. We will respond to complaints regarding the collection or use of your personal information within a reasonable time period.
NetScout has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your complaint involves human resources data transferred to the United States from the EU and/or Switzerland in the context of the employment relationship, and NetScout does not address it satisfactorily, NetScout commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) and/or the Swiss Federal Data Protection and Information Commissioner, as applicable and to reasonably comply with the advice given by the DPA panel and/or Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en…. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Last update: December 11, 2018