Welcome! This Privacy Notice explains how Qumulo, Inc. and its affiliates and subsidiaries (collectively “Qumulo”, “we”, “us” or “our”) collect, use, disclose, and otherwise process personal information (as defined below) in connection with our websites, including https://qumulo.com and other websites we own and operate that link to this Privacy Notice (collectively, the “Sites”), and the related content, platform, services, products, and other functionality offered on or through our services (collectively, the “Services”). It does not address our privacy practices relating to Qumulo employees and other personnel.

This Privacy Notice does not explain how our customers may process personal information when they use our Services. It also does not explain how we may process personal information on their behalf in accordance with their instructions where we are acting as their data “processor” under applicable data protection laws. If you would like to learn more about the privacy practices of a specific Qumulo customer on whose behalf we process personal information, please refer to the customer’s own privacy notice.

I. What is Personal Information?

When we use the term “personal information” in this Privacy Notice, we mean any data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person, or any other data or information that constitutes “personal data”, “personal information,” or “personally identifiable information” under applicable privacy and data protection laws.

II. Region-specific Disclosures

We may choose or be required by law to provide different or additional information relating to the processing of personal information (as defined below) about residents of certain countries, regions or states. Please refer below for additional information that may be applicable to you:

• Residents of the European Economic Area, United Kingdom or Switzerland: If you are located in the EU, Switzerland or the UK, please see our Additional Privacy Disclosures for the European Economic Area, United Kingdom, and Switzerland.
• Nevada: If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, please contact us at dataprivacyoffice@qumulo.com with the subject line “Nevada Opt Out Request” to submit such a request.
• California: If you are a California resident, please see our California Privacy Notice for additional California-specific privacy information.

If you have any questions about this Privacy Notice or how we use your personal information, please contact us using the contact details at the end of this Privacy Notice.

III. How We Collect and Use Personal Information

We collect personal information in a variety of ways. For example, you may provide us your personal information when you register for an account, send us messages, subscribe to our mailing lists, newsletters or other forms of marketing communications, or use some other feature of our Services.

We may link or combine your activities and information collected from you on our websites with information we receive from third parties, as well as information we collect automatically through tracking technologies (defined below). This allows us to provide you with a personalized experience regardless of how you interact with us.

Personal Information Collected from You

We may collect the following categories of personal information submitted to us by individuals through the Services:

• Contact Information, including first and last name, company or firm, job title, email address, phone number, mailing address, the type of service interested in, and communication preferences. We use this information to fulfill your request or transaction, to communicate with you directly, and to send you marketing communications in accordance with your preferences.
• Account Information, including first and last name, email address, phone number, billing address, mailing address, title, company, username, and password. We use this information to administer your account, provide you with the relevant service and information (including send you invoicing information and information related to the Services), communicate with you regarding your account and your use of the Services, and for customer support purposes.
• Inquiry and Communications Information, including information provided in custom messages sent through the forms, in chat messages, on our Slack channels, or to one of our email addresses. This also includes contact information provided on our Services. We use this information to investigate and respond to your inquiries, and to communicate with you, to enhance the services we offer to our users and to manage and grow our organization.
• Newsletter and Marketing Emails Information, including email address and applicable interests and communication preferences. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you wish to stop receiving email messages from us, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).
• Survey Information, including information included in any questions submitted through surveys or content of any testimonials. We use this information to administer and facilitate the Services, to respond to your submission, to communicate with you, to conduct market research, inform our marketing and advertising activities and improve and grow our business.
• Event and Webcast Information, including registration information, call-in details, attendee badge information, and contact information, as well as audio and video recordings of these events and webcasts (where permitted by law). We use this information to administer and facilitate the Services and improve and grow our business.
• Information Collected Through the Use of the Services, including any files, documents, videos, images, data, or information you choose to upload or transmit through your communications with us or your use of the Services (collectively, “User Content”). User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Services. We use the User Content to provide you with the Services.
• Events, Contests, and Promotions. If you fill out participate in Qumulo’s events, competitions sweepstakes, or other promotional events, we may collect your contact information (such as your name, email, and phone number, postal code), and any other information requested on the form, at sign up, or a part of your competition entry. On occasion, we may also collect your shipping and billing information, such as if you are a competition winner or purchase our products or services (where available). If you are part of our event or promotion partner, we may also collect your personal information including your name, company email, and company address. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
• Business Representative Contact Information. If you are a business representative, we collect your information in connection with the performance of the agreement or potential agreement with us. This information may include your first name, last name, company contact information (e.g. email, address), job title, and any other information related to the performance of the agreement with us.
• Employment Application Information, including your contact and demographic information, educational and work history, employment interests, information obtained during interviews and any other information you choose to provide, if you apply for employment.

Personal Information Automatically Collected

We, and our third-party partners, automatically collect information you provide to us and information about how you access and use the Services when you visit our services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, mobile SDKs, location-identifying technologies and logging technologies (collectively, “tracking technologies”) and we may use third-party partners or technologies to collect this information.  Information we collect automatically about you may be combined with other personal information we collect directly from you or receive from other sources.

We, and our third-party partners, use tracking technologies to automatically collect usage and device information, such as:

• Information the computer, tablet, smartphone or other device you use, such as your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser, mobile device, or your account (including, for example, a persistent device identifier or an Ad ID), and other such information. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.
• Information about the way you access and use our services, for example, the site from which you came and the site to which you are going when you leave our services, how frequently you access the Services, whether you open emails or click the links contained in emails, whether you access the services from multiple devices, and other browsing behavior and actions you take on the Sites.
• Information about how you use the Services, such as the pages you visit, the links you click, the ads you view and click on, videos you watch, and other similar actions. We may also use third-party tools such as Slack to collect information you provide to us or information about how you use the Services and may record your mouse movements, scrolling, clicks and keystroke activity on the Services and other browsing, search or purchasing behavior. These tools may also record information you enter when you interact with our Services or engage in chat features through our Services.
• Information about your location, such as general geographic location that we or our third-party providers may derive from your IP address.
• Analytics information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the services and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partnersand view its opt-out options at https://tools.google.com/dlpage/gaoptout.

All of the information collected automatically through these tools allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve our Sites and Services, and to improve the effectiveness of our Services, offers, advertising, communications and customer service.  We may also use this information the data collected through tracking technologies to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our services.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies; however, doing so may negatively impact your experience using the services, as some features and services may not work properly. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed the email and performed certain functions with it.

For more information about these practices and your choices regarding cookies, please see the Control Over Your Personal Information section below and our Cookie Policy.

We and our third-party partners may also use cookies and tracking technologies for advertising purposes.  For more information about tracking technologies, please see Third-Party Data Collection and Online Advertising below.

Personal Information from Third Parties

We also obtain personal information from third parties; which we often combine with personal information we collect either automatically or directly from an individual.

We may receive the same categories of personal information as described above from the following third parties:

• Qumulo Entities: We may receive personal information from other companies and brands owned or controlled by Qumulo, and other companies owned by or under common ownership as Qumulo.
• Your Employer / Company: If you interact with our Services through your employer or company, we may receive your information from your employer or company, including another representative of your employer or company. We use this information to operate, maintain, and provide to you the features and functionality of the Services.
• Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Twitter, YouTube, LinkedIn, Instagram or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network, and may include your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
• Service Providers: Our service providers that perform services solely on our behalf, collect personal information and often share some or all of this information with us. The information may include name, contact information, and information about your communications and related activities. We may use this information to administer and facilitate our services and programs, our communications with you.
• Other Users or Individuals who Interact with our Services: We may receive your information from other users or other individuals who interact with our Services. For example, if you engage in one of our communications hosted on third-party platforms, we will be able to see any public communications made within that platform.
• Referrals: Our users may share your information with us in order to share materials with you or if they think you may be interested in using our Services. They may provide us with information about you such as your name, contact information, employer and job title. We use this information to send you the materials that the user has asked us to share with you and to send you information about the Services, including promotional materials.
• Business Partners: We may receive your information from our business partners, such as companies that offer their products and/or services on our Services. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
• Other Sources: We may also collect Personal Information about individuals that we do not otherwise have from, for example, publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.

Additional Uses of Personal Information

We may use personal information we collect to:

• Operate, maintain and provide to you the features and functionality of the Services (which at times may include the use of automated tools leveraging artificial intelligence (AI) and machine learning (ML), including without limitation as model training data);
• Process transactions or requests, including, for example, allowing you to register for events;
• Verify your identity and entitlement to products or Services, when you contact us or access our Services;
• Register you for and provide you access to events and webcasts;
• Communicate with individuals, including via email or social media channels;
• For marketing and advertising purposes, including to market to you or offer you through email or social media, information and updates on products or services we think that you may be interested in (where applicable, we may send you marketing messages if you have given us your consent to do so);
• Administer, identify and facilitate potential product improvements or future product developments;
• Personalize our Services, including by recognizing an individual and remembering their information when they return to our Services;
• Facilitate customer benefits and services, including customer support;
• Identify and analyze how individuals use our Services;
• Test, enhance, update and monitor the Services, or diagnose or fix technology problems;
• Help maintain the safety, security and integrity of our property and Services, technology assets and business;
• To enforce our agreements, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
• Prevent, investigate or provide notice of fraud or unlawful or criminal activity;
• Comply with contractual and legal obligations and requirements; and
• For any other lawful purpose, or other purpose that you consent to.

Where you choose to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide you with additional privacy-related information requests where the scope of the inquiry/request and/or personal information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy notice will govern how we may process the information provided at that time.

Through the provision of our Services,  we may also process de-identified information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer or household.

IV. Our Disclosure of Personal Information

We may also share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as follows:

• Qumulo Entities: We may share personal information with other companies owned or controlled by Qumulo, and other companies owned by or under common ownership as Qumulo, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services.
• Your Employer / Company: If you interact with our Services through your employer or company, we may disclose your information to your employer or company, including another representative of your employer or company.
• Marketing Providers: We coordinate and share personal information with our marketing providers in order to communicate with individuals about the Services we make available.
• Customer Service and Communication Providers: We share personal information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries.
• Other Service Providers: In addition to the third parties identified above, we engage other third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, employment application-related services, and administrative services.
• Other Users: If you participate in any of our online communities or purchase goods or services on our Services, we may disclose your public profile information to other online community members, as well as any other information you choose to provide or make public.
• Contests, Sweepstakes, and Survey Providers: We share personal information with third parties who assist us in delivering our contests, sweepstakes, or survey offerings and processing the responses.
• Ad Networks and Advertising Partners: We work with third-party ad networks and advertising partners to deliver advertising and personalized content on our Services, on other websites and services, and across other devices. These parties may collect information directly from a browser or device when an individual visits our Services through cookies or other data collection technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Please see the Third-Party Data Collection and Online Advertising section and our Cookie Policy for more information.
• Business Partners: We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours on our Partners web page, available at https://qumulo.com/partners/, and when you purchase our products or Services. Our business partners will use your information for their own business and commercial purposes, including to send you any information about their products or services that we believe will be of interest to you.
• Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.
• Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
  • in connection with the establishment, exercise, or defense of legal claims;
  • to comply with laws or to respond to lawful requests and legal process;
  • to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
  • to detect, suppress, or prevent fraud;
  • to protect the health and safety of us and others; or
  • as otherwise required by applicable law.

With Your Consent: We may disclose personal information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Sites or service-related publications.

V. Third-Party Data Collection and Online Advertising

We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including clickstream information, browser type, time and date you visited the Sites, AdID, and other similar information. If permitted by your device settings, they may also collect location data through GPS, Wi-Fi or other methods. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.

For more information about these practices and your choices regarding cookies, please see the Control Over Your Personal Information section below and our Cookie Policy.

VI. Control Over Your Information

You may control your information in the following ways:

• Email Communications Preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications.  You may not opt-out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
• Modifying and Deleting your Information. If you have an account with us, you may update your account information and adjust your account settings by logging into your account. Please note that changes to your settings may require some time to take effect. If you have any questions about modifying or updating any information in your account, please contact us at dataprivacyoffice@qumulo.com.
• To configure your cookie settings, please visit the Cookie Preferences section of our Site. For additional information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices you may have in relation to cookies, please visit our Cookies Notice.
• Online Ads. If you would like to opt out of the use of cookies and other tracking technologies for targeted advertising purposes, please visit the Cookie Preferences section of our Site.

To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Digital Advertising Alliance’s (DAA) resources and/or the Network Advertising Initiative’s (NAI) online resources, at www.aboutads.info/choices or http://www.networkadvertising.org/choices/ or if you are in the European Economic Area, United Kingdom or Switzerland: https://youronlinechoices.eu/. You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services. It means that the online ads that you do see from DAA program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

VII. Children’s Personal Information

Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 16. If an individual is under the age of 16, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 16 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 16, we will promptly delete that personal information.

VIII. Links to Third-Party Websites or Services

Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

IX. Updates to This Privacy Notice

We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

X. Contact Us

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to dataprivacyoffice@qumulo.com.