Last updated and effective: December 31, 2019
- 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, white papers 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;
- Contact us.
The Site is for general audiences and is not intended for use by anyone younger than the age of 18. We do not knowingly collect personal information from individuals younger than age 18.
Collection of Information
Note that we may de-identify personal information we have collected about you. For example, we may use a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity and interests.
California residents, please see the “Notice to California Residents” section below for additional information on our information collection, use, and sharing practices.
Information You Provide to Us
We may ask you to provide certain information to us when you use the Sites or Services. For example, you may provide personal information to us when you use or access our Services, including any interactive areas of our Services, participate in a contest or promotion, complete a product or Services-related survey, 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 information we may collect include your name, email address, account username, password and/or responses to security questions, address, phone number, 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 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. We may also be able to collect or infer your approximate location through information we collect, such as an IP address. For more details, please see “Your Choices” below.
- Usage Information: We, and our third-party service providers (including advertisers and analytics providers), may use a variety of technologies that automatically or passively collect certain usage information whenever you use our Site, products and Services (“Usage Information”). Usage Information may include the browser and operating system you are using, the URL or advertisement that referred you to our Site, the search engine search terms that led you to our Site (if applicable), and other information such as how often the Site, 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. 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. For information on how to opt-out of these cookies, click here
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.
Please see below for additional information on Third Party Analytics and Advertising Companies and the tracking technologies they use and your choices.
- Web Beacons. We may also use web beacons (small graphic images or other web programming code, also known as "1x1 GIFs" or "clear GIFs") and similar technologies on our Sites and within our communications to you. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed and to improve your experience on the Sites, including to provide you with content customized to your interests. Our web beacons may collect some contact information (for example, the email address associated with an email message that contains a web beacon).
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the Sites and is deactivated or deleted thereafter.
Do Not Track
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser, except as specifically required by law. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.
Use of Information
We may use your personal information as follows:
- To provide, maintain and improve our products and Services or otherwise for internal business purposes;
- To provide and deliver the products and Services you request, process transactions and send you related information, including confirmations and invoices;
- To resolve technical issues related to products and Services, and send you technical notices, updates, security alerts and support and administrative messages;
- To respond to your comments, questions and requests, and provide customer service;
- To 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);
- To 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;
- To 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;
- To process and deliver contest entries and rewards;
- To 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
- To carry out any other purpose which is compatible with the purpose for which the information was collected or otherwise as disclosed to you at the time you provide your information or with your consent.
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 basis (where required) for collecting your personal information.
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 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 data transfers from the European Economic Area (“EEA”) and the United Kingdom 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, the United Kingdom and Switzerland to the US, we may also rely on our self-certification under the relevant Privacy Shield Framework (see below). For more information, see the section below on European Residents.
Sharing of Information
When you Consent to Sharing or Request that We Share Your Information
Third Party Service Providers
Affiliates and Subsidiaries
Distributors, Resellers and Other Partners
We may share your personal 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).
Administrative or Legal Reasons
We may share your personal information in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, 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, or as otherwise required or permitted by any applicable law, rule or regulation.
Sweepstakes, Contests and Promotions
We may share your personal information in connection with sweepstakes, contests or other promotions that may require registration and otherwise in connection with administration of such promotion, including winner selection, prize fulfillment or as specified in the promotion’s official rules and share your personal information that may be collected.
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.
Third Party Analytics Providers and Advertising Companies
The Site may contain content served by third parties, including videos and advertisements, and we work with third party service providers to serve NetScout advertisements elsewhere online. In connection with serving content and providing analytics and advertising services, third parties may collect certain information about your visits to this or other web sites, and we may receive information regarding the use of the Sites and the effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your device (including cookies and web beacons) and may otherwise collect or have access to information about your visits to and activity on the Service as well as other web sites or online services. Some of these parties may collect personal information from you over time when you visit the Site.
Cookies and web beacons used by us and on the Site, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors with third party advertising companies, analytics providers and other third parties for similar purposes. While we may use a variety of service providers to perform advertising and analytics services, some of these companies are members of the Network Advertising Initiative ("NAI”) or the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. You may want to visit https://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the "opt-out" procedures of NAI members. You may also want to visit or https://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. To learn more and make choices about interest-based advertisements from participating third parties in jurisdictions outside of the United States, please visit the Canadian DAA online choice page at https://youradchoices.ca/choices/, the European DAA online choice page at https://youronlinechoices.eu and Australian DAA online choice page at https://www.youronlinechoices.com.au/opt-out/.
For mobile apps, you may be able to limit certain advertising practices using the settings on your phone, tablet or other mobile device. Also, on most mobile devices, you can install the DAA's AppChoices app to make choices about cross-app interest-based advertisements from participating third parties. You may review additional information on opting out of mobile devices at https://www.networkadvertising.org/mobile-choice/.
Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.
If you are a California resident, please see our “Notice to California Residents” section below regarding additional rights you have, including how to exercise your “Do Not Sell” right.
Social Sharing Features
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.
Third Party Content and Links to Other Sites
Third parties may host or serve certain content on the Site. The Site may also contain links to third party web sites or features that NetScout does not control. Third parties whose content appears on the Sites may collect information about you through the use of their own cookies and web beacons, may independently collect or solicit personal information, and may have the ability to track your use of their sites and services. Likewise, NetScout widgets or other NetScout content may be included on third parties’ web pages and web sites that are not associated with NetScout and over which we have no control. NetScout may collect Usage Information through NetScout content appearing on third-party sites.
NetScout is not responsible for the privacy practices employed by any third party, and our hosting of third-party content, linking to third party websites, or the appearance of NetScout content on third party websites does not constitute sponsorship or endorsement of the content or business practices of those third parties.
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 information, 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.
Changing Your Preferences and Access, Updating or Deleting Your Personal Information
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 or 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 firstname.lastname@example.org, 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. 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.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. 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 request access, deletion and/or correction of your information, you can do so by logging into your online account or emailing us at email@example.com, 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.
California residents, please see our “Notice to California Residents” section below for additional information about California privacy rights.
Third Party Marketing Opt-Out
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 firstname.lastname@example.org.
California residents, please see our “Notice to California Residents” section below for additional information about California privacy rights.
If you wish to deactivate or delete your account, please email us at email@example.com, 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.
California residents, please see our “Notice to California Residents” section below for additional information about California privacy rights.
As described above, we may collect location information when you use certain NetScout devices or tools. You may choose not to share location information through the account settings on your device. If you deactivate the collection of location information, certain features of our devices or tools may no longer function.
Push Notifications/Alerts/SMS OR MMS Messages
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. If you sign up to receive SMS or MMS messages that may be offered on the Site, you may unsubscribe from any text messages received by replying “STOP”.
We will retain your personal information in accordance with our data retention policies and for as long as we feel necessary for our business purposes, unless otherwise required by law or you request that we delete it.
Depending on your country of residence, you have certain rights under applicable data protection laws in the European Economic Area (EEA), the United Kingdom, and Switzerland, including the General Data Protection Regulation, the UK Data Protection Act 2018, and the Swiss Federal Data Protection Act. Similar laws apply in several other countries.
Under these data protection laws, you can access information about you and update or correct it. In some cases, you can also ask us to erase it, restrict or stop processing, or provide data in a “portable” form, if feasible. You may withdraw consent (“opt out”) if you have previously consented to any particular use of your information, such as receiving marketing emails or text messages. For all such requests, contact firstname.lastname@example.org.
If you reside in the EEA, United Kingdom, or Switzerland, you have the right to make a complaint to your national data protection supervisory authority.
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, UK, 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, UK, 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@example.com. 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 firstname.lastname@example.org.
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, United Kingdom, and Swiss individuals with Privacy Shield inquiries or complaints should first contact NetScout by email at email@example.com. 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, UK, 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), UK Information Commissioner’s Office, 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 https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080. 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
In the event of the withdrawal of the United Kingdom from the European Union, NetScout will continue to protect personal data transferred from the United Kingdom in conformance with applicable law and the Privacy Shield Principles unless and until the latter are replaced by a supervening agreement between the United States and United Kingdom.
Notice to California Residents
California Privacy Notice
This California Privacy Notice is effective as of January 1, 2020.
Opt-Out of The Sale of Personal Information
NetScout does not sell personal information in exchange for money or other direct compensation. However, use of personal information for online advertising may be a “sale” as that term is defined within CCPA. If you are a California resident and would like to opt-out of this sale of personal information, please visit our Cookie Preferences tool at the bottom of page. Once you have opened the tool, click the blue bar to visit our “Advanced Settings”, select “OUT” next to Advertising Cookies, and remember to submit your preferences. You may also click “View Cookies” to individually opt in or out of specific cookies.
The Digital Advertising Alliance (“DAA”) also offers tools for California consumers to send requests under the CCPA to opt out of the sale of personal information by participating companies (https://www.privacyrights.info/). Additionally, some third-party advertising and analytics companies are members of the Network Advertising Initiative ("NAI") or the DAA Self-Regulatory Program for Online Behavioral Advertising. You may want to visit https://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the "opt-out" procedures of NAI members. You may also want to visit or https://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies in the DAA Self-Regulatory Program.
Note that these are cookie-based opt-outs. If you disable your cookies or upgrade your browser after opting out, or if you use different computers or browsers, you will need to indicate your opt-out choices across those other computers and browsers.
You may also be able to limit the access these third-party advertising companies have to information about you when you use our Site and Services by installing a browser or browser extension that can enable you to block the functionality of some tracking technologies.
Please be aware that utilizing these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.
Contact for More Information
You can contact us for more information by writing us at NetScout Systems, Inc., Data Privacy Office, 310 Littleton Road, Westford, MA, USA, 01866 or emailing privacy@NetScout.com.