Silver Peak Privacy Policy

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.

Summary

This privacy policy describes the information identifying you that we collect, how we use this information, with whom it is shared, and how it is stored.  Typically, we collect customer data in order to provide the products and services that customers purchase or request from us.  For example, we may capture email addresses so that a customer can check the status of their software or open a case with our tech support team.  We collect visitor data through our website in order to understand and improve our website content, as well as maintain a secure computing environment.  We collect marketing data in order to respond to inquiries about our products and services and provide access to the latest topical information that potential customers might be interested in. When we collect this data, we do so in compliance with this privacy policy, which describes how we handle the data we collect in more detail.  This policy also describes other important topics relating to information privacy like security and how to make a complaint.

Please read this privacy policy carefully to understand how we handle your personal information.

By accessing or browsing www.silver-peak.com (our "Website") and/or using any of the services that we provide to you or you access, you confirm that you have read and understood the entirety of this privacy policy.

Silver Peak Systems, Inc. complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  Silver Peak Systems, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

About Silver Peak

Information Collection

Use of Information

Disclosure of Information

Retention of Information

Your Rights

Transfer of Information

Privacy Shield

Security

Third-Party Websites

Cookies

Changes to Our Privacy Policy

Making a Complaint

Contact Us

1. About Silver Peak

1.1 The following Silver Peak companies collect, process, transfer and store in accordance with this privacy policy. The relevant Silver Peak company involved will depend on the country in which you are based.

  1. United Kingdom: Silver Peak Systems Limited, 68 Lombard Street, London, EC3V 9LJ
  2. France: Silver Peak Systems France SAS, 47 Boulevard Georges Clemenceau, Courbevioe Cedex, France 92415
  3. Germany: Silver Peak Systems Germany GmbH Prielmayerstrasse 3, Munchen, Germany D-80335.
  4. The Netherlands: Silver Peak Systems B.V (Netherlands) Krijn Taconiskade 430 Amsterdam, The Netherlands 1087 HW
  5. 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: +1 408 935 1850, by post at: Silver Peak System, Inc., 2860 De La Cruz Blvd., Santa Clara, CA 95050 or by email at: privacy@silver-peak.com.

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").

1.4 The General Data Protection Regulation (GDPR) grants EU residents greater protections over what personal information is used, as well as how, and for how long. This Privacy Policy was implemented with GDPR in mind. Silver Peak’s commitment is to comply with the GDPR in its current state and evolves. Specific questions related to GDPR compliance may be directed to privacy@silver-peak.com.

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:

  1. your name;
  2. your job title;
  3. company name;
  4. e-mail address;
  5. your telephone number;
  6. account information;
  7. your company's address;
  8. 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:

  1. 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
  2. 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.

  1. 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.
  2. 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:

  1. to allow you to access and use the Website and to register for an account;
  2. to provide you with the information and services that you request from us;
  3. to carry out activities in the legitimate interests of Silver Peak, for example, pursuing debt, ensuring the security of our services and Website;
  4. to verify your identity in order to prevent and detect money laundering and fraud;
  5. to carry out statistical analysis and market research;
  6. for marketing, advertising and promotional purposes;
  7. to notify you about changes to our services and to keep you informed about our fees and charges; and
  8. 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 anonymised as far as is reasonably possible and you will not be identifiable from the data collected.

4. Disclosure of information

4.1 We will share your personal information with any company that is a member of our group, which are listed at the start of this privacy policy.

4.2 We will share your personal information with the following categories of third parties, including:

  1. our service providers and sub-contractors, including but not limited to payment processors, suppliers of technical and support services and cloud service providers;
  2. companies that assist us in our marketing, advertising and promotional activities;
  3. analytics and search engine providers that assist us in the improvement and optimisation of our Website; and
  4. systems integrators and service providers who resell our services and products.

Any third parties with whom we share your personal information are limited (by law and by contract) in their ability to use your personal information for any purpose other than to provide services for us. We will always ensure that any third parties with whom we share your personal information are subject to privacy and security obligations consistent with this privacy policy and applicable laws.

4.3 We will also disclose your personal information to third parties:

  1. 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;
  2. 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;
  3. 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;
  4. 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
  5. to protect the rights, property, or safety of Silver Peak, our customers or other persons. This may include exchanging information with other organisations for the purposes of fraud protection and credit risk reduction.

4.4 Except as expressly detailed above, we will never share, sell or rent any of your personal information to any third party without notifying you and/or 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.

5. 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.

6. Your rights

6.1 You may contact us by email at privacy@silver-peak.com at any time, to request that we:

  1. update any personal information which is out of date or incorrect;
  2. update any personal information which is out of date or incorrect;
  3. delete any personal information which we are holding about you;
  4. restrict the way that we process your personal information;
  5. provide your personal information to a third-party provider of services; or
  6. provide you with a copy of any personal information which we hold about you.

We will consider all such requests and provide our response within the time period stated by applicable law.

6.2 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 privacy@silver-peak.comat any time.

6.3 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 privacy@silver-peak.com.

6.4 You can choose to opt-out from your personal information being:

  1. used for any purpose that differs from the purposes notified to you when we collected your personal information; or
  2. disclosed to any third party.

6.5 If you would like to do this, please contact us by phone at: +1 408 935 1850, by mail at: Silver Peak System, Inc., 2860 De La Cruz Blvd., Santa Clara, CA 95050 or by email at: privacy@silver-peak.com. Please note that opting-out may prevent us from providing you with our services or information requested by you.

7. Transfers of information

7.1 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.

7.2 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.

7.3 We will always take steps to ensure that such transfers comply with applicable privacy laws and we will take all reasonable precautions to ensure that your personal information is treated securely and in accordance with this privacy policy. However, you should be aware that countries outside the EEA or Switzerland may not offer the same level of protection for personal information as the United Kingdom.

8. Privacy Shield

8.1 Silver Peak is an international business with multi-national operations, systems, and processes. If you are located outside the United States and provide personal information to us, Silver Peak may transfer your personal information to the United States and use it there in accordance with this privacy policy.

8.2 Our obligations to you under the Privacy Shield

  1. 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.
  2. 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").
  3. Silver Peak Systems, Inc. collects personal information in accordance with this privacy policy. Please see section 2 for further details of the types of data which Silver Peak Systems, Inc collects from you and the purpose we collect them for in section 3.
  4. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view the certification page for Silver Peak Systems, Inc. on the Privacy Shield List, please visit https://www.privacyshield.gov/.
  5. The Federal Trade Commission has jurisdiction over Silver Peak Systems, Inc.’s compliance with the Privacy Shield.

8.3 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.

8.4 Privacy complaints, recourse, enforcement and liability

  1. In compliance with the Privacy Shield Principles, Silver Peak Systems, Inc. commits to resolve complaints about your privacy and our collection or use of your personal information (without charge to you). European Union and Swiss individuals with inquiries or complaints regarding this privacy policy should first contact us at: privacy@silver-peak.com.
  2. Silver Peak Systems, Inc. has further committed to refer unresolved privacy complaints to JAMS, an alternative dispute resolution provider based in the US.
  3. 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.
  4. 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.

9. Security

9.1 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 unauthorised access.

9.2 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.

10. Third party websites

10.1 The Website may, from time to time, contain links to websites operated by third parties. Please note that this privacy policy only applies to the personal information that we collect through this Website and we cannot be responsible for personal information collected and stored by third parties. Third party websites have their own terms and conditions and privacy policies, and you should read these carefully before you submit any personal information to these websites. We do not endorse or otherwise accept any responsibility or liability for the content of such third party websites or third party terms and conditions or policies.

11. Cookies

11.1 Some pages on our Website use cookies, which are small files placed on your internet browser when you visit our Website. We use cookies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences.

11.2 For detailed information on the cookies we use and the purposes for which we use them, please refer to our cookies policy below. By continuing to use the Website and/or our services, you are agreeing to our use of cookies as described in our cookies policy.

12. Changes to our privacy policy

We may update our privacy policy from time to time. By continuing to use the services and our Website, you agree to the latest version of our privacy policy. Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy policy.

13. Making a complaint

13.1 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.

13.2 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.

14. Contact us

If you have any questions in relation to this privacy policy or how we collect, use or store your personal information, you can contact us by phone at: +1 408 935 1850, by post at: Silver Peak Systems, Inc. 2860 De La Cruz Blvd. Santa Clara, CA 95050 Attention: Legal Department or by email at: privacy@silver-peak.com.

The practices described in this privacy policy statement are current personal information protection policies, as of September 1, 2017.

Cookies Policy

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE: This site uses cookies to store information on your computer. By using this site, you agree to the placement of cookies on your computer in accordance with the terms of this policy. If you do not wish to accept cookies in connection with your use of this Website, you must stop using our Website or use your browser settings to block the placing of cookies.

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.

3. Our Use of Cookies

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.

Many cookies are designed to give you optimal usage of the web. For example, we use cookies to enable you to improve your user experience when using our website, e.g. a cookie which recognizes if your browser supports specific technology features. This helps, for example, in enabling web pages to be loaded more quickly when you request the download of a large file.

In addition to cookies which send information to us, we also use cookies which collect information and send it to third-parties. An example of this is Google Analytics. Google has developed the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js). If you want to opt out of Google Analytics, you can download and install the add-on for your web browser herea>. Please check the relevant third-party website for more information about their use of cookies. Where this site allows such cookies to be set or you access other websites from this site using the links provided, the operators of these websites will use cookies in accordance with their own cookies policy, which may differ from ours.

As with first party cookies, you are able to block third party cookies through your browser settings.

Some of our cookies may collect and store your personal information, such as your name or email address. We are committed to respecting and protecting your privacy and will ensure that all personal information collected by us is kept and treated in accordance with our privacy policy. A link to this policy is available within the footer of this portal.

4. Refusing Cookies on this Site

Most browsers are initially set to accept cookies. However, you can disable cookies if you wish, generally through changing your internet software browsing settings. It may also be possible to configure your browser settings to enable acceptance of specific cookies or to notify you each time a new cookie is about to be stored on your computer enabling you to decide whether to accept or reject the cookie. To manage your use of cookies there are various resources available to you, for example the “Help” section on your browser may assist you. You can also disable or delete the stored data used by technology similar to cookies, such as Local Shared Objects or Flash cookies, by managing your browser's “add-on settings” or visiting the website of its manufacturer. As our cookies allow you to access some of our website's essential features we recommend that you leave cookies enabled, otherwise, if cookies are disabled, it may mean that you experience reduced functionality.

5. Additional Resources

Useful information about cookies can be found at: