Silver Peak Systems, Inc. and the following Silver Peak companies: Silver Peak Systems Limited (UK), Silver Peak Systems France SAS, Silver Peak Systems Germany GmbH, and Silver Peak Systems B.V (Netherlands) ("Silver Peak", "we", "us" or "our") value the privacy of those who provide personal information to us.
1. About Silver Peak
- United Kingdom: Silver Peak Systems Limited, 68 Lombard Street, London, EC3V 9LJ
- France: Silver Peak Systems France SAS, 47 Boulevard Georges Clemenceau, Courbevioe Cedex, France 92415
- Germany: Silver Peak Systems Germany GmbH Prielmayerstrasse 3, Munchen, Germany D-80335.
- United States of America: Silver Peak Systems, Inc. 2860 De La Cruz Blvd, Santa Clara, CA 95050.
1.2 You can contact us by phone at: +1 888 343 2860, by post at: Silver Peak System, Inc., 2860 De La Cruz Blvd., Santa Clara, CA 95050 or by email at: firstname.lastname@example.org.
1.3 With respect to personal information transferred from the Europe Economic Area (“EEA”) or Switzerland to Silver Peak Systems Inc, we will process personal information in accordance with applicable privacy laws and the EU-US Privacy Shield Framework or the Swiss-US Privacy Shield Framework, as applicable (each and together, the "Privacy Shield").
2. Information collection
We may collect and process any of the following information about you and we refer to this as “personal information” throughout this policy:
2.1 Information you give us. You may give us information about yourself by using the online forms provided on the Website or by contacting us by phone, e-mail or other means. This includes, for example, filling in our 'Contact Us' form on our Website or when you provide your information to us in order to receive our services.
The information you give us may include:
- your name;
- your job title;
- company name;
- e-mail address;
- your telephone number;
- account information;
- your company's address;
- any updates to information provided to us.
Please note that we need certain types of information so that we can provide services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access our services.
2.2 Information we may collect about you. Each time you visit the Website we may automatically collect any of the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the internet, domain name and country which requests information, the files requested, browser type and version, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time), length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
2.3 Information we may receive from other sources.
- We will receive information about you if you obtain our services through one of our resellers. The types of information that we may receive are the same as the information that you may give to us detailed in section 2.1 above.
- We will receive information about you if you use any of the other websites we operate or the other services we provide. In this case, we will have informed you when we collected that data that it may be shared internally and combined with data collected on the Website. We work closely with third parties (including, for example, advertising networks, analytics and search information providers) and may receive information about you from them.
3. Use of information
3.1 We, or third party data processors acting on our behalf, collect, use and store the personal information listed above to enable you to receive services for which you or your company have entered into a contract with us and/or because it is in the legitimate interests of Silver Peak to handle your personal information. More specifically, we collect, use and store our personal information for the following reasons:
- to allow you to access and use the Website and to register for an account;
- to provide you with the information and services that you request from us;
- to carry out activities for business purposes and in the legitimate interests of Silver Peak, for example, pursuing debt, ensuring the security of and measuring interest and engagement in our services and Website, undertaking research for technological development, improving, upgrading or enhancing our services, and debugging to identify and repair errors;
- to verify your identity in order to prevent and detect money laundering, fraud and security incidents;
- to provide customer support services
- to detect, prevent and address technical issues.
- to carry out statistical analysis and market research;
- for marketing, advertising and promotional purposes including short-term, transient use, such as contextual customization of ads;
- to notify you about changes to our services and to keep you informed about our fees and charges;
- to manage job applications;
- for auditing relating to interactions, transaction and other compliance activities; and
- with your consent only, to contact you (including by email or post) with information about our products and services which either you request, or which we feel will be of interest to you.
3.2 We will also collect details about you as a user of the Website for the purposes of improving and maintaining our Website, preparing reports or compiling statistics in order to improve our services. Such details will be anonymized as far as is reasonably possible and you will not be identifiable from the data collected.
4. Legal Basis for Processing under the GDPR
4.1 If you are from the European Economic Area (“EEA”), Silver Peak’s legal basis for Processing the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.
4.2 We may process your personal information because:
- We need to perform a contract with you
- To provide information or services you requested
- You have given us your consent to process your personal information for the respective purposes
- To comply with our legal obligations
4.3 In addition, we may process your personal information on the basis of the legitimate interest of Silver Peak in providing your information on our Websites and to improve our Websites.
5. Disclosure of information
5.1 We share the following categories of personal information:
- identifiers and contact information such as name, email address and telephone number; and
- internet or other electronic network activity such as browsing history, search history, information on a consumer’s interaction with an internet website, application or advertisement.
5.3 We will share your personal information with the following categories of third parties, including:
- our service providers and sub-contractors, including but not limited to payment processors, suppliers of technical and support services and cloud service providers;
- companies that assist us in our marketing, advertising and promotional activities;
- analytics and search engine providers that assist us in the improvement and optimization of our Website; and
5.4 We will also disclose your personal information to third parties:
- if we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets;
- if Silver Peak or substantially all of its assets are acquired by a third party, in which case personal information held by Silver Peak will be one of the transferred assets;
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, any lawful request from government or law enforcement officials and as may be required to meet national security or law enforcement requirements or prevent illegal activity;
- in order to enforce or apply our terms and conditions or any other agreement or to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity; or
- to protect the rights, property, or safety of Silver Peak, our customers or other persons. This may include exchanging information with other organizations for the purposes of fraud protection and credit risk reduction.
5.5 Except as expressly detailed above, we will never share, sell or rent any of your personal information to any third party without notifying you or, where required by applicable law, obtaining your consent. Where you have given your consent for us to use your information in a particular way, but later change your mind, you should contact us, and we will stop doing so. We have not sold consumer’s personal information in the preceding 12 months.
6. Retention of information
We retain personal information for as long as you use the services we provide and then as required to comply with applicable laws.
7. Your rights
7.1 In the EEA and in certain other jurisdictions, you have certain data protection rights. We take reasonable steps to allow you to correct, amend, delete or limit the Processing of your personal information where required by law.
7.2 Where required by law, you have the following data protection rights:
- Right of access. You have the right to obtain information as to whether we process your personal information and to receive a copy of your personal information retained by us as a Controller. In addition, you have the right to obtain certain information about how and why we process your personal information.
- Right to rectification. You have the right to have your personal information amended or rectified where it is inaccurate and to have incomplete personal information about you completed.
- Right to erasure. You have the right to erasure of your personal information, inter alia, in the following cases:
- I. Your personal information is no longer necessary in relation to the purpose for which they were collected and processed;
- II. Our legal grounds for the Processing of your personal information is consent, you withdraw your consent and we have no other legal ground for the Processing of your personal information;
- III. Our legal grounds for the Processing of your personal information is that the Processing is necessary for legitimate interests pursued by us or a third party, you object to our Processing and we do not have any overriding legitimate grounds;
- IV. Your personal information has been unlawfully processed
- V. Your personal information must be erased to comply with a legal obligation to which we are subject.
- I. For a period enabling us to verify the accuracy of your personal information where you have contested the accuracy of such personal information;
- II. Your personal information has been unlawfully processed and you request restriction of the Processing of your personal information instead of their erasure;
- III. Your personal information is no longer necessary in relation to the purpose for which they were collected and processed but the personal information is required by you to establish, exercise or defend legal claims; or
- IV. For a period enabling us to verify whether our legitimate grounds override your interests where you have objected to the Processing of your personal information.
- I. Our legal grounds for the Processing is that the Processing is necessary for a legitimate interest pursued by us or a third party; or
- II. Our Processing is for direct marketing purposes.
Please note that we may ask you to verify your identity before responding to such requests.
8. California Privacy Rights
8.1 California Civil Code Section § 1798.83 entitles California residents to request information concerning whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. To make such a request, please contact email@example.com. We will respond by email within the time required by law.
8.2 You may contact us by email at firstname.lastname@example.org at any time, to request that we:
- a. update any personal information which is out of date or incorrect;
- b. delete any personal information which we are holding about you;
- c. restrict the way that we process your personal information;
- d. provide your personal information to a third-party provider of services; or
- e. provide you with a copy of any personal information which we hold about you.
- f. cease processing your data subject to our legitimate interests as stated in Section 3c. We maintain the opportunity to demonstrate compelling legitimate grounds for the processing which override the interests, right and freedoms of the data subject or for the establishment, exercise or defense of legal claims, in which case we will be permitted to continue such processing.
We will consider all such requests and provide our response within the time period stated by applicable law.
8.3 You have the right to ask us to not process your personal information for marketing purposes. We will inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal information. Alternatively, you can contact us by email at email@example.com at any time.
8.4 If you have previously given your consent to the use of your personal information for marketing purposes, you can choose to stop receiving marketing communications which we send to you from time to time by following the unsubscribe instructions included in such communications. Alternatively, you can opt out of such communications at any time by contacting us by email at firstname.lastname@example.org.
8.5 You can choose to opt-out from your personal information being:
- a. used for any purpose that differs from the purposes notified to you when we collected your personal information; or
- b. disclosed to any third party.
8.6 If you would like to do this, please contact us by phone at: +1 888 343 2860, by mail at: Silver Peak System, Inc., 2860 De La Cruz Blvd., Santa Clara, CA 95050 or by email at: email@example.com. Please note that opting-out may prevent us from providing you with our services or information requested by you.
9. Transfers of information
9.1 If you are located outside of the United States, the personal information that we collect from you will be transferred to, and stored in the United States or another location outside of the EEA or Switzerland. Any transfer of the personal information to the United States or another location outside of the EEA or Switzerland will be in compliance with the Privacy Shield, details of which are set out in section 8 below.
9.2 The personal information will also be processed by staff operating in the United States or outside the EEA or Switzerland working for us, other members of our group or third party data processors. Such staff may be engaged in, among other things, the provision of our services to you, the processing of transactions and/or the provision of support services. By providing us with your personal information you acknowledge any such transfer, storage and processing.
10. Privacy Shield
10.2 Our obligations to you under the Privacy Shield
- Silver Peak Systems, Inc. has certified that it complies with the EU-U.S. Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce and approved by the European Commission regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively.
- Silver Peak Systems, Inc. has certified to the Department of Commerce that that it adheres to the Privacy Shield principles of: (1) Notice; (2) Choice; (3) Accountability for Onward Transfer; (4) Security; (5) Data Integrity and Purpose Limitation; (6) Access; and (7) Recourse, Enforcement and Liability in respect of any personal information received from the European Union or Switzerland in reliance on the Privacy Shield (the "Privacy Shield Principles").
- The Federal Trade Commission has jurisdiction over Silver Peak Systems, Inc.’s compliance with the Privacy Shield.
10.3 Accountability and liability for onward transfer
Silver Peak Systems, Inc. may be liable in cases of onward transfer of EU and Swiss individuals' data to third parties received pursuant to the Privacy Shield.
10.4 Privacy complaints, recourse, enforcement and liability
- Silver Peak Systems, Inc. has further committed to refer unresolved privacy complaints to JAMS, an alternative dispute resolution provider based in the US.
- If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/ or https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint. The services of JAMS are provided at no cost to you.
- Please note that if your complaint is not resolved through these mechanisms, in certain limited circumstances you may be able to invoke binding arbitration proceedings before a Privacy Shield Panel if Silver Peak Systems, Inc. has failed to meet its obligations to you under the Privacy Shield and that failure has still not been remedied. Additional information about invoking binding arbitration is available here: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
11.1 Silver Peak is committed to protecting personal information from loss, misuse, disclosure, alteration, unauthorized access and destruction and takes all reasonable precautions to safeguard the confidentiality of personal information. Although we make every effort to protect the personal information which you provide to us, the transmission of data over the internet is not completely secure. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to the Website and that any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorized access.
11.2 Consistent with applicable laws and requirements, including the GDPR, Silver Peak has put in place appropriate physical, electronic, and administrative safeguards to protect your personal information from loss, misuse, alteration, theft, unauthorized access, or unauthorized disclosure. We evaluate these safeguards on an ongoing basis to help minimize risks from new security threats as they become known.
11.3 We restrict access to personal information to personnel and third parties that require access to such information for legitimate, and relevant business purposes. Our staff members, contractors and third parties who will have access to personal information on our instructions will be bound to confidentiality and we use controls to limit access to individuals that require such access for the performance of their responsibilities and tasks.
11.4 Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
12. Third party websites
14. Children’s Information
Our services are not directed to children under 17 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
16. Making a complaint
16.1 In respect of the Privacy Shield, please see section 8.4 for information about how to make a complaint in relation to the Privacy Shield.
16.2 If you are located in the EEA or Switzerland, you may also make a complaint to a supervisory body for data protection matters in the country in which you are based. In the UK, this would be the UK Information Commissioner's Office (https://ico.org.uk/). Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
17. Contact us
1. What are Cookies?
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can recognize you when you revisit and remember certain information about you. This can include which pages you have visited, choices you have made from menus, any specific information you have entered into forms and the time and date of your visit.
2. Types of Cookies
There are two main types of cookies:
- • Session cookies: these are temporary cookies that expire at the end of a browser session; that is, when you leave the site. Session cookies allow the website to recognize you as you navigate between pages during a single browser session and allow you to use the website most efficiently. For example, session cookies enable a website to remember that a user has placed items in an online shopping basket.
- • Persistent cookies: in contrast to session cookies, persistent cookies are stored on your equipment between browsing sessions until expiry or deletion. They therefore enable the website to “recognize” you on your return remember your preferences and tailor services to you.
In addition to session cookies and persistent cookies, there may be other cookies which are set by a website which you have chosen to visit, such as this website, in order to provide us or third parties with information.
We currently use, and may use in the future, the following types of cookies on this website.
We use session cookies to:
- • Help us maintain security and verify your details whilst you use the website as you navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page.
We use persistent cookies to:
- • Help us recognize you as a unique user when you return to our website so that you do not have to input your details multiple times as you move between our pages or services
- • Remember how you have customized your use of this site, such as your preferred currency and time zone
- • Collect and compile anonymous, aggregated information for statistical and evaluation purposes to help us understand how users use the website and help us improve the structure of our website.
As with first party cookies, you are able to block third party cookies through your browser settings.
4. Refusing Cookies on this Site
5. Additional Resources
Useful information about cookies can be found at: