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Last Updated: May 2018

Mesosphere, Inc. and its global affiliates (“Mesosphere” or “we”) respect your privacy. This Privacy Notice explains who we are, how we collect, share and use personal information about you, and how you can exercise your privacy rights.

This Privacy Notice applies to information we collect through our websites (including https://mesosphere.com/ and https://dcos/io/) (the “Websites“) and in the usual course of our business, such as through our events, sales and marketing activities.

NOTE: Our treatment of information or data from your use of any Mesosphere products other than the Website (for example, Mesosphere Enterprise DC/OS) (the “Services“) is subject to a separate agreement between your organization and Mesosphere.

QUICK LINKS

We recommend that you read this Privacy Notice in full to ensure you are fully informed.  However, if you only want to access a particular section of this Privacy Notice, then you can click on the relevant link below to jump to that section.

WHAT INFORMATION DOES MESOSPHERE COLLECT?

HOW WILL MESOSPHERE USE THE INFORMATION IT RECEIVES?

HOW WILL MESOSPHERE SHARE YOUR PERSONAL INFORMATION?

INTERNATIONAL DATA TRANSFERS

SECURITY

DATA RETENTION

YOUR RIGHTS

COOKIES AND SIMILAR TRACKING TECHNOLOGIES

THIRD PARTY WEBSITES

CHILDREN

ADDITIONAL INFORMATION FOR RESIDENTS OF THE EEA

WILL MESOSPHERE EVER CHANGE THIS PRIVACY NOTICE?

CONTACT US

 

ABOUT MESOSPHERE

Mesosphere, Inc. develops DC/OS which automates rollout and production operations for containers and data services on-premises and in the cloud. The company organizes the infrastructure, as well as provides a scalable way of deploying applications, services, and big data infrastructure on shared resources that span the datacenter.  For more information, please see the “about” section of our Website at https://mesosphere.com/about/

WHAT INFORMATION DOES MESOSPHERE COLLECT?

Information you provide to us:

Certain part of our Websites may ask you to provide us with personal information about you voluntarily. For example, we may ask you to provide your contact details (such as your name, email address and phone number) and contact preferences when you: register for an account with us; subscribe to marketing communications from us; submit enquiries to us; contact us through the “Contact Us” process and/or request access to a demo. Certain information may be required to sign up for the “Contact Us” feature or to take advantage of other features.

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will usually be made clear to you at the point we ask you to provide your personal information. We will also let you know prior to collection whether the provision of personal information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.

Information we collect automatically:

Whenever you interact with our Website or our marketing emails, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Website or emails, and the page or feature you requested. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws.

We may collect information using cookies or other tracking technologies, as explained further in the Section below headed “Cookies and similar tracking technologies”.

Information we obtain from third party sources:

From time to time we may obtain personal information about you from third party sources, such as public databases, social networking services and third party data providers and our joint marketing partners. Examples of the information we may receive from third party sources include job title, company, location, updated contact information and other demographic information.  We use this information, alone or in combination with other information (including personal information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and services.

HOW WILL MESOSPHERE USE THE INFORMATION IT RECEIVES?

We will use your personal information for the following purposes:

  • To respond to your requests or provide you with information you request.
  • To provide and support the Website and Services.
  • If you have an account with Mesosphere, to send administrative or account related information to you.
  • To post testimonials (with your prior consent).
  • To communicate with you about our events or our partner events.
  • To provide you with marketing and promotional communications (where this is in accordance with your marketing preferences). For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about Mesosphere products and services we think may interest you. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by clicking the “Unsubscribe” link in those communications and following the instructions.
  • To comply with and enforce applicable legal requirements, agreements and policies.
  • To prevent, detect, respond and protect against potential or actual claims, liabilities, prohibited behaviour, and criminal activity.
  • To improve the Website — for example, the information we automatically collect can tell us how often users use a particular feature of the Website, and we can use that knowledge to make the Website interesting to as many users as possible. We also use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.
  • For other business purposes such as data analysis, identifying usage trends, determining the effectiveness of our marketing and to enhance, customize and improve our Websites and Services.

HOW WILL MESOSPHERE SHARE YOUR PERSONAL INFORMATION?

We neither rent nor sell your personal information to anyone. However, we may share your personal information with third parties as described in this section.

Information that’s no longer personally identifiable:

We may anonymize your personal information so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Website, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate information to a partner in a manner that would identify you personally, as an individual.

Our group companies and affiliated businesses:

In certain situations, we may share your personal information with our group companies who provide data processing services to us (for example to support the delivery of our services).

We may also share your personal information with businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Mesosphere products or services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your personal information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Our service providers:

We may share your personal information with our third party service providers, who help us to perform tasks on our behalf.  For example, we use service providers to assister with the following: analyzing data, hosting data, engaging technical support, processing payments, delivering content, email distribution and providing customer service. Unless we tell you differently, our service providers do not have any right to use the personal information we share with them beyond what is necessary to assist us.

Business transfers:

We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred or subject to routine due diligence activities. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of Mesosphere and others:

We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use (mesosphere.com/terms) and other agreements; or protect the rights, property, or safety of Mesosphere, our employees, our users, or others.

INTERNATIONAL DATA TRANSFERS

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident.  These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Specifically, our Website servers are located in the United States, and our group companies and third party service providers and partners operate around the world (including in Germany, China, and the United Kingdom ).  This means that when we collect your personal information we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law.

Our Standard Contractual Clauses can be provided on request. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

SECURITY

We use appropriate technical and organizational measures to protect the personal information that we collect and process about you.  The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information.  We endeavor to protect the privacy of your account and other personal information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

DATA RETENTION

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible

YOUR RIGHTS

Under California Civil Code sections 1798.83–1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information, which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: contact@mesosphere.com.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

You can always opt not to disclose information to us, but keep in mind some information may be needed to request contact with us or to take advantage of some of the Website’s features. Where this is the case we will make this clear at the time of collection of information.

COOKIES AND SIMILAR TRACKING TECHNOLOGIES

“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Website are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. If you click on a link to a third party website or service, such third party may also transmit cookies to you. Again, this Privacy Notice does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Website, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

For further information please review our Cookie Notice.

THIRD PARTY WEBSITES

This Privacy Notice does not cover the practices of companies we don’t own or control, or people that we don’t manage.

CHILDREN

As noted in our Terms of Use (mesosphere.com/terms), we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at contact@mesosphere.com.

ADDITIONAL INFORMATION FOR RESIDENTS OF THE EEA

(A). Legal Basis For Processing Your Information

If you are a resident of the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Typically, our legitimate interests include: improving, maintaining, providing and enhancing our technology, products, content and services; ensuring the security of our Websites and services; and for our marketing activities.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contact Us” heading below.

(B) Your Data Protection Rights

You have the following data protection rights:

  • If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “Contact Us” heading below.
  • In addition, if you are a resident of the European Union, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact Us” heading below.
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.  To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Contact Us” heading below.
  • Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area are available here.)

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.  We may ask you to verify your identity in order to help us respond efficiently to your request.

WILL MESOSPHERE EVER CHANGE THIS PRIVACY NOTICE?

We’re constantly trying to improve our Website, so we may need to change this Privacy Notice from time to time as well, but we will alert you to changes by placing a notice on the Services, by sending you an email, by posting a notice on this Website, or by some other means as is appropriate given the significance of the changes we make.

Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Website, and you are still responsible for reading and understanding them.

CONTACT US

If you have any questions or concerns regarding our privacy practices, you can contact us at contact@mesosphere.com or using the contact details below, and we will try to resolve your concerns.

If you are resident in the EEA, the data controller of your personal information is Mesosphere, Inc.