Last Updated Sept 25, 2020

This Privacy Policy tells you about NetApp, Inc.’s and its subsidiaries' policies and practices for the collection, use, processing, storage, transfer, and disclosure of Personal Information that we may collect or observe. NetApp collects or observes information through a variety of difference contexts (collectively referred to as the “NetApp Platform”), and how we use, process, store, transfer, and disclosure Personal Information varies based on the context through which it was collected.

NetApp collects personal information in a variety of contexts, each of which is defined below. The categories of information, types of information, sources of information and our purposes for collecting, processing, using, and sharing such information is determined based on this context.

• Websites NetApp collects Personal Information through our websites, including, but not limited to, the website or subdomains of www.netapp.com, (e.g., our Communities site, Training site, and Support site) or any website that posts this policy (collectively, the “Sites”). Personal Information collected through a website, but in a different context defined in this Policy, such as the Interactions with Job Applicants Context or Products and Services context, is treated in compliance with the stated context and not the Websites Context.
• Products and Services NetApp collects Personal Information through your use of products and services made available to you by us. This includes hardware, software (including software for mobile devices or “apps”), cloud data services, professional services, and support services.
• Social Media NetApp collects Personal Information through your use of our social media pages and apps, through HTML-formatted email messages that link to this Privacy Policy, through your interactions with third party social media (such as LinkedIn, Facebook, or Twitter), and when you publicly post using NetApp-related hashtags.
• Interactions with Job Applicants NetApp collects Personal Information when you apply for a job at jobs.netapp.com, interact with our third-party partners’ (such as LinkedIn) postings of job openings at NetApp, or provide information to our internal or external recruiters via email or web forms.
• Market Research NetApp collects Personal Information from third party service providers for the purpose of market research, product research, targeted advertising, and business development.
• Offline When you interact in person with representatives from NetApp, such as at an event we host or participate in or when you place an order over the phone or contact customer service by phone, you may disclose or we may observe or infer Personal Information about you that you did not directly state.

“Personal Information” is information relating to, directly or indirectly, an identified or identifiable natural person or household. This includes things like your name, postal address, telephone number, and email address, as well as less obvious information, which are included in the following defined categories. We plan to collect, and have collected within the preceding 12 months, the following categories of Personal Information:

• Individual Identifiers This includes information like your name, email address, physical address, telephone number, login alias, IP address or Other Information that identifies you regardless of your relationship to NetApp.
• Inferences This includes customer profiles, usage preferences, or other information about an individual’s anticipated or assumed actions or behaviors.
• Customer Records This includes information like your company name, job title, account number, customer identifier, or Other Information that relates to you as a customer of NetApp.
• Education information This includes information about your educational history, such as the schools you have attended, the courses of study you followed, the status of any required continuing education for professional licensing, or Other Information relating to your education.
• Commercial Information This includes payment card data, financial account information, account information, records of products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies of the customer, and Other Information necessary to collect and process payment for products and services ordered by the customer.
• Electronic Network Information This includes information like browser and device data, and internet or network activity information, such as activity on our Websites and Services, data collected through cookies, pixel tags and other technologies, and Other Information that is generated through your use of the internet to access our websites.
• Geolocation Data This includes information such as your precise location or city, state, county, or country, if you have such geolocation data enabled when using the applicable social media application. For example, if you use Facebook to “Check In” at a NetApp-run event, we can collect that information.
• Audio, electronic, visual, or similar information This includes information that is captured on audio or video recording, such as if a telephone or video call is recorded, or simply observable in such interaction or in an Offline Context.
• Professional and Employment Related Information This includes your contact details, user name and password to be able to access the Careers Site where you can apply for jobs, and information about your current or past employers, memberships in professional associations or trade unions, and professional licensing status if you make such information publicly available in the context from which the Personal Information is collected, such as in your publicly available social media accounts, through a resume submitted to us, or by attending a professional event associated with an affinity group. This may also include your work authorization status, skills, information relating to references and any other information you elect to provide to us (e.g., employment preferences, willingness to relocate, current salary, desired salary, awards or professional memberships).
• Sensitive Information Protected under Law This includes characteristics of protected classifications under law, such as information about your age, race, religion, gender, gender identity, sexual preference, disability, political preference, trade union membership, philosophical views, marital status, medical or health information, genetic or biometric information, biometric templates, veteran status, background check information, judicial data or information on other judicial or administrative proceedings, or other pieces of information of particularly sensitive nature, if you make such information publicly available in the context from which the Personal Information is collected, such as in your publicly available social media accounts, through a resume submitted to us, or by attending a professional event associated with an affinity group

“Other Information” means any information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as: browser and device data, App usage data, data collected through cookies, pixel tags and other technologies, demographic information and other data provided by you that does not reveal your specific identity, or other types of information that has been aggregated in a manner such that it no longer reveals your specific identity.

• Original Sources Information provided by an individual about that individual.
• Customer Sources Information provided about an individual by a customer, such as when one employee of a customer provides information about a colleague in the course of setting up services. For example, a storage administrator for a customer entity may set up administrative accounts for their colleagues that include providing their colleagues’ email addresses and telephone numbers.
• Third Party Sources Information collected from third-party sources, such as publicly available databases, social media platforms, third party providers of market research data, and our affiliates, business and joint marketing partners who share information with us.
• Product Sources Information sent to NetApp by our products because you use our products. NetApp products are defined in our General Terms.
• Services Sources Information sent to NetApp by our services because you use our services. NetApp services are defined in our General Terms.

NetApp does not sell Personal Information collected in any Context under this Privacy Policy

The following disclosures reflect our treatment of personal information collected in the defined Contexts in which we do business

Unless otherwise limited by the context in which it was collected, Personal Information collected by NetApp is used for our legitimate business purposes, including:

Accomplishing our business purposes

• For improving the content of the NetApp Platform, for example, by incorporating information that is relevant to our clients;
• For preventing fraud or other illegal activities, such as willful attacks on NetApp information technology systems or the NetApp Platform;
• For data analysis, for example, to improve the efficiency of the NetApp Platform
• For audits, to verify that our internal processes function as intended and address compliance with legal, regulatory or contractual requirements;
• For developing new products and services;
• For enhancing, improving, or modifying our current products and services;
• For identifying usage trends, for example, understanding which parts of the NetApp Platform are of most interest to users;
• For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users;
• For operating and expanding our business activities, for example, understanding which parts of the NetApp Platform are of most interest to our users so we can focus our energies on meeting our users’ interests.
• For identifying candidates for employment.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

Providing the functionality of the NetApp Platform and fulfilling your requests

• To send administrative information to you, such as changes to our terms, conditions and policies and to notify customers about updates to the NetApp Platform;
• To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you request to be registered for an event or a NetApp training course;
• To process your orders, and provide you with related customer service;
• To help you manage your Community, Support and/or NOW accounts, at your request;
• To allow you to send messages to another person through the Services if you choose to do so.

We will engage in these activities to manage our contractual relationship with you and to comply with a legal obligation.

Providing you with our newsletter and/or other marketing materials and facilitating social sharing

• To contact you for marketing and sales purposes, including notifications related to product enhancements, warranties, and renewals, that are related specifically to customer needs and interests;
• To contact you about a NetApp offer in support of your business needs or to conduct online surveys to better understand our customers’ needs;
• To facilitate social sharing functionality that you choose to use.

We will engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, or with your consent.

Analysis of Personal Information for business reporting and providing personalized services

• To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Websites and Services;
• To better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests, such as by displaying targeted advertising that might be tailored to your interests;
• To better understand your preferences so that we can deliver content via our Websites and Services that we believe will be relevant and interesting to you.

We will provide personalized services either with your consent or because we have a legitimate interest.

Allowing you to participate in surveys, contests, or other promotions

• To offer you the opportunity to participate in surveys, contests or other promotions. Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information.

We use this information to manage our contractual relationship with you.

Aggregating and/or anonymizing Personal Information

• We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.

Unless otherwise limited by the context in which it was collected, Personal Information collected by NetApp can be disclosed to our subsidiaries  for the purposes described in this Privacy Policy. NetApp, Inc. is the party responsible for the management of the jointly-used Personal Information.

NetApp uses third-party service providers and subprocessors to provide services on our behalf and may share Personal Information with them to assist them in providing these services. These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services. We also may share Personal Information with channel partners or resellers if you inquire about our products or services typically fulfilled through channel partners or resellers. These channel partners or resellers may also use this information to inform you about third-party products or services that may be of interest.

If you use communities, blogs, or chat rooms on NetApp Services, you should be aware that any Personal Information you submit there can be read, collected, and used by other users of these forums, and could be used to send you unsolicited messages. You may also elect to disclose Personal Information through your social sharing activity.

The following chart details the categories of Personal Information we have disclosed for our operational business purposes in the preceding 12 months.

Personal Information may be accessed, changed/corrected, or deleted directly by through the context it was collected. For example, Personal Information collected in the Products and Services context can be accessed, changed, or deleted through the features and functionality of the Products and Services, and Personal Information collected in the Interactions with Job Applicants context may be accessed, changed, or deleted through the job application tools. In the event, however, you cannot access, change/correct, or delete Personal Information through the context in which it was collected, or if you would like to restrict the use of your Personal Information, object to the processing of your Personal information or request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at ng-privacy@netapp.com write to us at the address at the end of this document, or via our Site Feedback form. We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to respond to your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase).

We may exempt certain Personal Information from requests pursuant to applicable data protection laws or other laws and regulations.

Unless otherwise limited by the context in which it was collected, we use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you, including when you access and use social media.

You may receive advertisements based on information relating to your access to and use of the Websites and other websites or online services, including social media platforms, on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. This is in addition to any advertisement that a third-party social media provider may provide. Please review third party social media privacy policies for their advertisement and privacy policies.

If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit optout.aboutads.info and optout.networkadvertising.org.

We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

• To comply with applicable law.
  • This can include laws outside your country of residence

• To respond to requests from public and government authorities
  • These can include authorities outside your country of residence.

• To cooperate with law enforcement.
  • For example, when we respond to law enforcement requests and orders.

• For other legal reasons.
  • To enforce our terms and conditions; and
  • To protect our rights, privacy, safety or property, and/or that of our subsidiaries, you or others.

• In connection with a sale or business transaction.
  • We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) Such third parties may include, for example, an acquiring entity and its advisors.

If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.

A cookie is a piece of Electronic Network Information that is stored on your computer’s hard drive by your Web browser. When you revisit www.netapp.com, our server recognizes the cookie, giving us information about your prior visits. Most browsers accept cookies automatically, but you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you can still use most of the features of the NetApp Platform, including ordering items. We do not currently respond to browser do-not-track signals.

We work with companies, such as Adobe, that use third-party cookies and Web beacons to collect anonymous information that helps us measure and improve our content and advertising effectiveness. Adobe collects and analyzes anonymous usage and volume statistical information from our users. We also use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the NetApp Platform and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by viewing their Privacy & Terms, and exercise the opt out offered by NetApp Cookie Policy.

We employ a software technology called clear gifs (also known as Web beacons or Web bugs) along with other technologies such as e-tags, and JavaScript that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies that are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs, which are about the size of a period, are embedded invisibly on Web pages. For detailed information regarding NetApp’s use of Clear Gifs and other technologies, please refer to the NetApp Cookie Policy.

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide the NetApp Platform to you (for example, for as long as you have an account with us or keep using the NetApp Platform);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

No services on the NetApp Platform are directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under sixteen (16).

NetApp uses reasonable and appropriate technical and organizational security measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Questions and Comments” section below.

The NetApp Platform may contain links to other Web sites or services. NetApp is not responsible for the privacy, information or other practices of third parties, including any third party operating any website or service to which the NetApp Platform links, or for the content of other Web sites. The inclusion of a link on the NetApp Platform does not imply endorsement of the linked site or service by us or by our subsidiaries.

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the NetApp Platform you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information

If you are located in the EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures such as Binding Corporate Rules to protect your Personal Information. You may obtain a copy of these Binding Corporate Rules by viewing them online or by contacting ng-privacy@netapp.com

EAs the Internet, technology and our systems mature, so will our Privacy Policy. We will post changes to our Privacy Policy on this page. Your use of the NetApp Platform following these changes means that you accept the revised Privacy Policy. Please check this page regularly to keep up-to-date.

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), if you are a California resident, you have the right to make the following requests:

1. Request to Know
   • You may request that we disclose to you the following information covering the 12 months preceding your request:
     • The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
     • The specific pieces of Personal Information we collected about you;
     • The business or commercial purpose for collecting (if applicable) Personal Information about you; and
     • The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
2. Request to Delete
   • You may request that we delete Personal Information we collected from you.

To make a Request to Know or a Request to Delete, please contact us at ng-privacy@netapp.com, +1 877 263 8277 or through any of the other methods listed under the Questions and Comments resources.

We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as email address, state of residency, or mailing address, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a Request to Delete, we may ask you to confirm your request before we delete your Personal Information.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

We do not sell and have not sold Personal Information within the preceding 12 months, as “sale” is defined in the CCPA. We do not sell the Personal Information of minors under age 16.

Authorized Agents

If you want to make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable:

• Proof of your registration with the California Secretary of State to conduct business in California;
• A power of attorney from the California resident pursuant to Probate Code sections 4000-4465;
• Written permission that the California resident has authorized you to make a request on the resident’s behalf. This permission must be signed (via physical or e-signature) by the California resident.

If you are making a Request to Know or a Request to Delete on behalf of a California resident and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4000-4465, we may also require the resident to:

• Provide you with a written permission signed by the resident to make the Request to Know or Request to Delete on the resident’s behalf;
• Verify the resident’s own identity directly with us;
• Directly confirm with us that the resident provided you permission to submit the Request to Know or Request to Delete.

NetApp, Inc., located at 1395 Crossman Ave., Sunnyvale, CA 94089, is the company responsible for collection, use and disclosure of your Personal Information under this Privacy Policy.

If you have any questions or comments about this Privacy Policy, or would like to request information required to be disclosed under global privacy laws, please send us your questions and feedback. You can contact us at ng-privacy@netapp.com or at the following address:

NetApp, Inc.
1395 Crossman Ave
Sunnyvale, CA 94089

We can be reached via the Web, by telephone at +1 877 263 8277

If you are located in the EEA, you also may lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs