Privacy Notice

Revised — July 16, 2020

1. INTRODUCTION

NetCracker Technology Corporation (“Netcracker”, “we”, “us” or “our”) respects your concerns about privacy and is committed to maintaining your confidence and trust with respect to the privacy of the personal information we collect and use.

This privacy notice (“notice”) applies to the processing of personal data by Netcracker in connection with the processing of personal data on the Netcracker website https://edu-netcracker.com/, including any personal data you may provide though the use of the Website when you submit questionnaires, sign up to receive newsletters, register for events or use our contact forms (“Website”).

This Website is not intended for children and we do not knowingly collect personal data relating to children.

References in this notice to “you” or “your” are references to individuals who use the Website.

References in this notice to “Netcracker”, “we”, “us” or “our” are references to NetCracker Technology Corporation, NetCracker Technology International Inc., NetCracker Technology International Services Inc., NetCracker Technology Solutions LLC, CEON Corporation and all other Netcracker group entities. Netcracker Technology Corporation is a Massachusetts corporation, with offices at University Office Park III, 95 Sawyer Road, Waltham, Massachusetts, 02453, USA.  

2. IMPORTANCE OF PROTECTING PERSONAL DATA

Netcracker recognizes that the use and disclosure of personal data has important implications for us and for the individuals whose personal data we process. Most of our offices operate in countries which regulate the use, and impose restrictions on overseas transfers, of personal data. To ensure that we handle personal data properly, we have adopted a global approach to privacy compliance.

A copy of this notice can be downloaded from the privacy section of our Website here.  Alternatively, you may request a copy of this notice at any time by contacting us at privacy@netcracker.com.

3. PURPOSE OF THIS NOTICE

This notice aims to give you information about how Netrcacker collects and processes your personal data when you use our Website. It is important that you read this notice together with any other notices we may provide on specific occasions when we are collecting or processing your personal data, so that you are fully aware of how and why we are using your personal data. This notice supplements the other notices and is not intended to override them.

4. WHO IS THE DATA CONTROLLER FOR THE PROCESSING OF PERSONAL DATA?

A “controller” is a person or organisation who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. This notice is issued on behalf of Netcracker Technology Corporation as the data controller and unless we notify you otherwise Netcracker Technology Corporation is the controller for your personal data.

Our Director of Compliance and Data Privacy oversees compliance with data protection within Netcracker. If you have any questions about this notice, including any requests to exercise your rights, please contact our Director of Compliance and Data Privacy using the contact details set out below:

Director of Compliance and Data Privacy
Netcracker Technology Corporation
University Office Park III, 95 Sawyer Road, Waltham, Massachusetts, 02453, USA
Email: privacy@netcracker.com
Telephone: +1 (781) 419-3300

5. HOW TO MAKE A COMPLAINT ABOUT OUR USE OF YOUR PERSONAL DATA

If you have any concerns or would like to make a complaint about how we process your personal data, please contact us at privacy@netcracker.com.  You may raise your concerns with your local data protection authority directly, however, we would encourage you to contact us in the first instance as we aim to promptly, efficiently and satisfactorily resolve any concerns or complaints you may have in relation to Netcracker’s processing of your personal data.

6. CHANGES TO THIS NOTICE OR TO YOUR PERSONAL DATA

This notice was last updated on the ‘version date’ in the footer of this notice. Any prior versions of this notice may be obtained by contacting us at privacy@netcracker.com.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. If you wish to update your personal data, please contact your account manager directly or email us privacy@netcracker.com.

7. THIRD PARTY LINKS

This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

8. THE PERSONAL DATA WE COLLECT ABOUT YOU

Personal data includes any information about you which enables you to be identified.  Personal data does not include information where any identifying information has been removed (anonymous data).

We collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not legally considered personal data because it does not directly or indirectly reveal your identity.  As such, we may aggregate your usage data to calculate the volume of users accessing a specific website feature.  However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we will treat the combined data as personal data and will use it in accordance with this notice.

We will never collect any special categories of personal data about you through our Website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data, or any information about criminal convictions and offences.

We shall collect, use, store and transfer different kinds of personal data about you. We have categorized the following groups of personal data to explain how we use these types of information. These terms are used throughout this notice:

• “Contact Data”: including your work address, email address and telephone numbers;
• “Identity Data”: including your first name, last name, username or similar identifier, title;
• “Marketing and Communications Data”: including your marketing and communication preferences. We also track when you receive and read marketing communications from us, which information we use to improve our marketing services, provide you with more relevant information and improve the quality of our marketing materials. Additional information about the personal data we process in connection with marketing is included with the marketing communications we send you;
• “Profile Data”: including information collected progressively when you visit our site including your referral website, pages you visit, actions you take, patterns of page visits and information from forms you fill in
• “Technical Data”: includes information collected when you access our Website or client knowledge portal, your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you are using; and
• “Usage Data”: information about how you use our Website.

9. IF YOU DECLINE TO PROVIDE US WITH YOUR PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you decline or fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services).  Should this occur, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

10. COLLECTION OF YOUR PERSONAL DATA

We use a variety of methods to collect personal data from you and about you, including through the channels set out below:

• Direct interactions: You give us your Contact Data, Identity Data and Profile Data directly, for example, when you:
  • register for a seminar, webinar or event;
  • submit a contact form on our Website or our client knowledge portal;
  • subscribe to receive our publications;
  • request marketing to be sent to you;
  • enter a survey; or
  • give us some feedback (for example, by completing a survey).

• Automated technologies or interactions: We receive Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see Section 12 (How we use cookies on our Website) for further details of the information collected.
• Third parties or publicly available sources: We receive Technical Data from analytics providers such as Google based outside the EU.

11. HOW WE USE YOUR PERSONAL DATA

We will only process (i.e. use) your personal data when the law allows us to, that is, when we have a legal basis for processing.  Section 13 (Purposes and legal basis for which we will use your personal data) below sets out further information about the legal bases that we rely on to process your personal data.

When you use our Website we will use your personal data in the following circumstances:

• “performance of a contract”: where we need to perform a contract which we are about to enter into or have entered into with you as a party or to take steps at your request before entering into such a contract;
• “legal or regulatory obligation”: where we need to comply with a legal or regulatory obligation that we are subject to;
• “legitimate interests”: where necessary for our interests (or those of a third party), provided that your fundamental rights do not override such interests. This can mean, for instance, that it is in our interest, to monitor how you are using our Website or client portals to ensure that the security of our Website or client portals or systems is maintained. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests; and
• “consent”: Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. Please see Section 15 (Marketing and exercising your right to opt-out of marketing) for more information about how we use your personal data for marketing purposes and your rights.

We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You may obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at privacy@netcracker.com.

12. HOW WE USE COOKIES ON OUR WEBSITE

What is a cookie?

• Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device, preferences and generally help to improve your online experience. You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu.

What types of cookies are used on this Website and how long do they last?

• There are different types of cookies. Although they mainly work in the same way, there are some minor differences. We use cookies to help us monitor the way the website is used, to remember users’ settings (e.g. language preference) and generally improve the user experience. Users can control the use of cookies using their browser’s security settings. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

The table below sets out the type of cookie used, its purpose and how long it lasts. If you would like to modify your cookie parameters please click here.

1. Third Party Cookies

SERVICES	COOKIES	PURPOSE	USAGE	RETENTION PERIOD	FURTHER INFORMATION
tbc	euconsent	Legitimate Interest	Collect user consent concerning cookies	13 months	Google Analytics
Google Analytics	_ga	Analytics	Used to distinguish user	2 years	https://www.google.com/analytics/learn/privacy.html?hl=en-GB
Google Analytics	_gid	Analytics	Used to distinguish user	24 hours
Google Analytics	_gcl_au	Analytics	tbc	tbc

 

 

2. Netcracker“s Own Cookies

SERVICES

COOKIES

PURPOSE

USAGE

RETENTION PERIOD

FURTHER INFORMATION

 

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13. HOW WE SHARE YOUR INFORMATION

We may share information with companies working on our behalf, Netcracker affiliates, and Netcracker-owned business entities. However, we will not sell, rent, or lease your information to any third party without your consent and we will not cross-reference personal information collected through one client’s use of our Services with that of any other client or entity.

We may decide to sell, buy, merge, or otherwise reorganize businesses throughout the world. Should such a combination or acquisition occur, the transaction may involve the disclosure of your personal information to continue serving you and other users of our website.

We may access, preserve, and disclose your information if we believe doing so is required or appropriate: to comply with law enforcement requests and legal process, such as a court order or subpoena; to respond to your requests; to prevent or address fraud, security, or technical issues; or to protect our property or other legal rights or the rights or property of others.

14. ACCESS AND CORRECTION

We will provide you with reasonable access to the personal information you provide, as well as the ability to review, correct, update and delete such personal information.

15. HOW WE PROTECT YOUR INFORMATION

We have taken the appropriate steps to ensure that client information is protected in accordance with our Privacy Statement. We have implemented the necessary and required physical, technological and administrative controls to protect data in use and in storage.

By providing personal information to us or using the Netcracker’s websites, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services and Netcracker websites.

16. INFORMATION WE TRANSFER

We may transfer the personal information we collect through the website to other countries, which may have different personal data protection rules than in your country. By using our website you consent to the transfer of information to countries outside your country of residence. We will protect your information in accordance with this Privacy Statement wherever it is processed.

17. LINKS TO NON-NETCRACKER WEBSITES

This Netcracker website may provide links to other websites for your convenience and information. These websites operate independently from our website and are not under our control, if you access those links, you will leave the Netcracker website. These sites may have their own privacy statements or terms of use, which we strongly suggest you review if you visit any linked websites. Netcracker is not responsible for the content of partner’s sites, as well as any products or services that they offer.

18. EU-US Privacy shield

NetCracker Technology Corporation and its applicable US subsidiaries participates in and has certified compliance with the EU-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 to the United States. Netcracker is committed to subjecting all applicable personal information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principle of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.

If a third party processes personal information on behalf of Netcracker in a manner inconsistent with the Privacy Shield Principles, Netcracker could be liable unless Netcracker can prove that it is not responsible for the event giving rise to any damage.

If there is any conflict between the policies in this privacy statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website. [https://www.privacyshield.gov/list]

Netcracker commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this Privacy Statement should first contact us by email at privacy@netcracker.com or by writing to us at:

NetCracker Technology Corporation
University Office Park III
95 Sawyer Road Waltham, MA 02453
United States of America

Attn.: Director of Data Privacy

With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Netcracker is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, it will be referred to Judicial Arbitration and Mediation Services, Inc., (JAMS) under the JAMS International Mediation Rules, which are accessible on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. You may also submit a claim directly to JAMS through the following site, which is maintained by JAMS: https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim.

Under certain conditions, individuals may be able to invoke binding arbitration before the Privacy Shield Panel jointly created by the U.S. Department of Commerce and the European Commission to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

19. CHANGES TO THIS STATEMENT

Netcracker reserves the right to change this Privacy Statement at any time. Any changes shall be reflected in an updated Privacy Statement that will be posted on this website with an updated revision date.

20. CONTACTING US

If you have comments or questions about our Privacy Statement or our processing of your information, please contact us by email at privacy@netcracker.com or by writing to us at: 

NetCracker Technology Corporation
University Office Park III
95 Sawyer Road, Waltham, MA 02453
United States of America

Attn.: Director of Data Privacy