Infinitera Web Site Privacy Policy

Last Updated: May 2023

Thank you for reviewing the Privacy Policy of Infinitera, Inc. (“Infinitera” or “we”/“us”/“our”). We aim to provide you with a transparent view of how we handle personal information.

This Privacy Policy relates to personal information obtained by Infinitera through its marketing web site at infinitera.com (the “Marketing Site”), through a Microsoft (or other business partner marketplace), or when individuals call or email us about our products and services (“Products”). As used in this Privacy Policy, “you” and “your” refer to the person who is the subject of such personal information.

Information Collected

Our Marketing Site contains links allowing you to email or call us. We receive personal information from individuals who email or call Infinitera for business purposes, such as for information about the Products, or for technical support, or in support of contracts and operations associated with Infinitera. This information may include their name, telephone number and email address, as well as any personal information they provide in the email or telephone call.

Infinitera will also receive your name, organization name, and e-mail address through your Microsoft (or other business partner) account when you sign up for, or trial, the Products through a Microsoft (or other business partner) marketplace or you otherwise authorize Microsoft (or other business partner) to share your information with us.

IP Addresses and Marketing Site

Infinitera logs IP addresses and other data that track access to the Marketing Site. We analyze these logs to better understand aggregate behavior and to monitor performance of our Marketing Site. The logs are analyzed to ascertain the overall aggregate trends they reveal about browsers of our Marketing Site, but not as a means of tracking the behavior of individual users outside our Marketing Site. This information is used for the purposes of maintaining and improving the Marketing Site. We do not attempt to identify individuals using this type of data.

Use and Disclosure of Collected Information

We do not sell, rent, use or share your personal information with others except as set forth in this Privacy Policy.

Infinitera will use your personal information to:

• deliver the Products to you
• inform you of Product issues
• communicate to you about information you have requested
• alert you of new Product features and enhancements, or other services and products
• enhance and test our Products
• support and maintain the Products, including to correct errors in the Product and otherwise engage in quality control activities

If you are our main contact for a customer account or have indicated that you wish to receive information about our Product, we may use your personal information to notify you of upgrade opportunities, promotions, and special offers.

We take diligent efforts to not divulge your information to unauthorized individuals, and to limit access to your information to authorized persons.

We may aggregate information gathered from our users in a “de-identified” fashion that cannot be used to identify individual users. We do not consider this de-identified aggregate information to be personal information and may use and disclose it for any reason.

Infinitera may also disclose and use personal information:

• when we have your permission to do so;
• to our service providers who help us design and provide the Products or who provide related administrative functions (such as support services and web analytics). We require these third parties to only use personal information to provide those services to us and do not permit them to use personal information or disclose it for any other reason.
• when we believe in good faith that disclosure is reasonably necessary to (1) comply with a legal process or law, or to respond to a subpoena, court order, or government request for information, (2) enforce the agreement between you (or your employer) and us, (3) respond to claims that any content on the Products violates the rights of third parties, or that otherwise arise from your use of the Products, or (4) protect the rights, property, or personal safety of Infinitera, its personnel, its users, or members of the public.

Retention of Personal Information

We will retain your personal information for the period of time necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. The retention period may vary depending on the nature of the personal information and the purpose for which we collected and are processing the personal information.

Where We Process and Store Your Personal Information

When you provide your personal information to the Products, you are transferring it to the United States. The computer servers which host our Marketing Site and provide the Products are located in the United States and all personal information we collect is stored on them. If you are located outside of the United States, any personal information we collect, including IP Address information and online identifiers, will be processed and stored in the United States. The data protection and privacy laws and regulations in the United States may be different from those where you reside or are a citizen and may offer less protection.

How Long we Store Personal Information

We store your personal information for so long as it is necessary to provide the Products or to communicate with you regarding your communications to us, or to maintain backups of our computer systems.

Legal Basis for Processing

Under applicable data protection laws, Infinitera is the controller of: (a) the personal information about the users and administrators of our Products provided to us, and (b) personal information that is collected by the Marketing Site. As a controller, we will process this personal information in accordance with this Privacy Policy. We may sometimes request your explicit consent before collecting and processing certain of your personal information; however, we may collect and process your personal information without your express consent for the following purposes:

• To perform any contractual obligations to you or your employer and any contractual obligations arising under the Products we are providing to you;
• To comply with laws, regulations, court orders, or other legal obligations, to defend legal claims, or to assist in an investigation;
• To protect your vital interests or the vital interest of other persons, when necessary; and
• For the purposes of our legitimate interests, including providing you with important notices about changes to our agreement and this Privacy Policy, responding to your requests, inquiries, complaints, and any other communications you initiate, keeping our Products safe and secure, and improving our Products to enhance your experience with our Products.

We will not perform any automated processing of personal information, including profiling, to provide our services to you without first obtaining your explicit consent to do so.

When we process personal information for or customers, we are acting as a processor under applicable data processing laws and this Privacy Policy does not apply to that processing. If a customer determines that applicable law, including but not limited to the GDPR (defined below), requires a data processing agreement, then upon customer’s request we will execute an acceptable Data Processing Agreement (“DPA”) with the customer.

Security Measures

We have implemented reasonable security measures to help protect against the loss, misuse and alteration of the personal information under our control, and regularly undertake security testing using standard testing tools for our Products. We take reasonable measures to maintain the integrity of information in the Products. Additionally, we take reasonable steps to ensure that our third-party business partners, including our hosting partners, provide appropriate protection for personal information. We will promptly make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data.

You acknowledge that no method of transmission over the Internet, or method of electronic storage, is 100% secure, and that we cannot guarantee absolute security. If you have any questions about the security of our Products, you may contact us.

Children

Infinitera does not knowingly allow persons under the age of sixteen (16) to sign up for the Products or to otherwise disclose any of their personal information to us. If you are under 16 years old, please do not use or access our Products. We do not intend the Products or our Marketing Site to be of interest to people under the age of 16.

If we become aware that we are processing Personal Information about a person under the age of 16, we may delete such information from our records and we may deactivate the related account.

Opt-Out

You may opt out of receiving certain marketing communications from us by emailing us at support@infinitera.com. In addition, all marketing e-mails from Infinitera will provide you with the opportunity to unsubscribe from future marketing mailings. Even if you opt out of such mailings, however, we may still send you e-mail and other communications to disclose maintenance and other Product-related issues if you are a user of the Products.

Access to Account

If you are a registered user of the Products, you can change your user information through the user profile component of the Products, if available, or otherwise by emailing us at support@infinitera.com. You may need to supply certain information so that we can try to verify that you have authority to modify this information.

Third-Party Sites and Products

The Marketing Site and Products may link to or integrate with other web sites, services or information. We have no responsibility for the privacy practices of other web sites and services, including the web sites and services of our advertisers or our business partners.

The fact that we may link to a web site or present an advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over any third-party web site or service. Other web sites or services may place their own cookies or other files on your computer, collect data or solicit personal information from you. We encourage you to read the privacy policies or statements of other web sites and services associated with the Products.

Sale of Company; Bankruptcy

If we sell our company or otherwise transfer substantially all of our assets related to the Products, we may disclose your personal information in connection with such sale or transfer. In that event, we will use diligent efforts to require the acquiring party to honor our then-current Privacy Policy, until the acquiring party provides you with notice of changes to the Privacy Policy.

In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how personal information is treated, transferred, or used.

Legal Requirements

We intend to protect your privacy to the fullest extent possible as described in this policy while also fulfilling our responsibility to uphold all applicable laws and regulations. Due to potential legal requirements and other possible circumstances, we cannot ensure that none of your personal information will ever be disclosed or accessed in ways not otherwise described in this policy. We may be compelled under law to disclose information to government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Further, we can, disclose any information to law enforcement or other government officials that we, in our sole discretion, believe necessary or appropriate in compliance with the law and/or government requests.

Your Rights under the General Data Protection Regulation

Under the General Data Protection Regulation (“GDPR”), if we collect your personal information while you are in the European Economic Area or the United Kingdom, then you may have the following rights regarding our collection and processing of your personal information:

1. The right to access and, if necessary, correct your personal information.
2. The right to withdraw consent to our processing of your personal information when you had previously provided that consent.
3. The right to ask us to erase your personal information or to restrict our processing of that information.
4. The right to obtain a copy of your personal information in an easy-to-use electronic format.

If you wish to exercise any of these rights, please contact us at the email address shown at the bottom of this Privacy Policy.

If you believe that we have not been responsive to your exercise of these rights or have not processed your personal information in accordance with applicable law, then you also have the right under the GDPR to file a complaint with a supervisory authority in the EEA member country where you live or work. A list of these authorities can be found here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. If you live in the United Kingdom, then the complaint should be lodged with the Information Commissioner’s office, http://ico.org.uk/

Changes

Infinitera will post any changes to this Privacy Policy on the Marketing Site. Your continued use of the Marketing Site and our Products after such posting constitutes your agreement to this Privacy Policy and any future revisions.

If you have any questions regarding this Privacy Policy, please email support@infinitera.com or call us at +1 (919) 452-7647.