Effective Date: May 21, 2013
Date last updated: May 21, 2013
Clustrix has been awarded TRUSTe's Privacy Seal signifying that this Policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s Program Requirements and the TRUSTed Cloud Program Requirements, including transparency, accountability and choice regarding the collection and use of your Personal Data. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding this Statement or Clustrix’s practices, please contact Clustrix at firstname.lastname@example.org. If you are not satisfied with Clustrix’s response you can contact TRUSTe here.
The TRUSTe program covers the collection, use and disclosure of information we collect through our website, www.clustrix.com and the Services. The use of information collected through our Services shall be limited to the purpose of providing the Services for which the Customer has engaged Clustrix.
Clustrix complies with the U.S. – E.U. Safe Harbor framework and the U.S – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Clustrix has certified that it adheres to the Safe Harbor Privacy Principles (“Principles”) of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Clustrix’s certification, please visit http://www.export.gov/safeharbor/
If there is any conflict between the policies in this Statement and the Principles, the Principles shall govern. This Statement outlines our general policy and practices for implementing the Principles, including the types of information we gather, how we use it, and the notice and choice affected individuals have regarding our use of and their ability to correct that information.
Notice of Personal Information Collected and Use
"Personal Information" or "Information" means information that (1) is about, or pertains to a specific individual; and (2) can be linked to that individual to personally identify that individual.
You can visit and navigate through our Site(s) to gather information about our company and Services without telling us who you are and without otherwise revealing any type of Personal Information.
Our Site(s) do offer several opportunities for visitors to register for free information, seminars, or demonstration copies of our software, and for assistance in evaluating our software and Services. Visitors may also sign up to receive our monthly newsletters. These registration forms are often linked to Clustrix mailing lists, and require users to provide Personal Information (such as name and email address), which we use to send users information about our company and our products and Services. We also use this information to contact site visitors by email for our marketing purposes if they have granted us permission (on the mailing list form or other forms on our Site(s)) to send it to them, and for administrative purposes such as providing time and location of seminars. Users may also be contacted by phone or postal mail for our marketing purposes.
We also collect and use Personal Information acting as a data processor on behalf of our Customers as set forth in the Section below titled “Clustrix’s Provision of Services to its Customers”.
Aggregate Information, Cookies and Widgets
We use information that is not Personal Information (e.g., IP address) to help diagnose problems with our server and to administer our Site(s). IP addresses are also used to gather broad, personally non-identifiable demographic information, such the countries in which our Site visitors live.
Our Site(s) contain links to other websites. Clustrix is not responsible for the privacy practices or the content of such third party linked websites and recommends that you check the privacy policies of other websites to be aware of how your information and Personal Information is being used.
Our Site(s) contain testimonials that contain information such as Customer names and titles. Clustrix obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.
Our Sites offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us at email@example.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Choice and Access
Any Personal Information collected by Clustrix is used for the purposes set forth above. You have the ability to “opt-out” or unsubscribe from any Clustrix marketing communications via email, phone, mail, or fax (provided below) at anytime. Clustrix also provides opt-out information in all marketing communications via an “unsubscribe” link in communication emails, which directly unsubscribes you from any further communication from Clustrix. Note that you do not have the ability to opt-out of communications that Clustrix sends as part of the Services.
Clustrix shall allow an individual access to their Personal Information and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. Individuals can request access by emailing Clustrix at firstname.lastname@example.org. We will respond to your request within 30 business days.
We will retain your Personal Information for as long as your account is active or as needed to provide you with information or Services. If you wish to cancel your account or request that we no longer use your information to provide you Services contact us as described below. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements
We will share your Personal Information with third parties only in the ways that are described in this Statement. The Personal Information we collect is not shared, rented, or sold to any third parties. We may provide your Personal Information to our service provider companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your Personal Information only as necessary to provide these services to us. We may also disclose your Personal Information:
- As required by law, such as to comply with a subpoena, or similar legal process;
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request or assist in a legal investigation;
- If we are involved in a merger, acquisition, or sale of all or a portion of its assets,; and
- To any other third party with your prior consent to do so.
Clustrix’s Provision of Services to its Customers
Clustrix collects & processes information, which may contain Personal Information on behalf of our Customers. Clustrix processes this information, including Personal Information, only as provided in our written agreement with the individual Customer.
Clustrix does not allow individual information, including Personal Information, collected and stored for one Customer to be accessed or used by any other Clustrix Customer (or by Clustrix on its own behalf). We reserve a limited right to use our Customers’ information to compile aggregated statistics, which we use to report such facts as how many emails we have delivered. However, we do not disclose this information in such a way as to enable anyone to identify a Customer or any individual. Our Customer agreements also permit us to disclose any information if required by law or court order, and to access a Customer’s email addresses in order to unsubscribe an individual who asks us to do so.
Clustrix will retain Personal Information we process on behalf of our Customers for as long as needed to provide services to our Customer. Clustrix will retain and use this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Clustrix takes reasonable steps to protect Personal Information in its possession from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We have put in place reasonably appropriate physical, electronic, and managerial procedures to safeguard and secure the information from loss, misuse, unauthorized access or disclosure, alteration, or destruction. However, we cannot guarantee the security of information on, or transmitted via, the Internet.
Clustrix processes Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the owning individual. To the extent necessary for those purposes, we take reasonable steps to ensure that Personal Information is accurate, complete, current, and reliable for its intended use.
If contacting Clustrix does not resolve your complaint, you may raise your complaint with TRUSTe by Internet here, For information about TRUSTe or the operation of TRUSTe's dispute resolution process, click here. The TRUSTe dispute resolution process shall be conducted in English.
Clustrix recognizes the privacy interests of children, and Clustrix encourages parents and guardians to take an active role in their children’s online activities and interests. The Site(s) and the Services are not intended for children under the age of 13, Clustrix endeavors not to collect any Personal Information from children under the age of 13.
Questions or comments regarding this Statement can be submitted to us by mail or email as follows:
201 Mission Street, Suite 800
San Francisco, CA 94105
This Statement may be amended from time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site(s) prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.