Privacy Policy

Last Updated: December 1, 2020

Datameer, Inc. (“Datameer” or “We”) is concerned about privacy issues and wants you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our practices in connection with information that we collect through websites operated by us from which you are accessing this Privacy Policy (the “Websites”), through our social media pages, including but not limited to Twitter, LinkedIn, and YouTube (collectively, our “Social Media Pages”) as well as through HTML-formatted email messages we send to you that link to this Privacy Policy (collectively, the Websites and our Social Media Pages constitute the “Services”). We also collect information through your use of the hosted data analytics software applications and services made available by us (the “Platform Services”). In addition to online data, this Privacy Policy also addresses offline data we may collect. By providing Personal Information to us, you acknowledge that you have read and agree to the terms and conditions of this Privacy Policy. We will only process your Personal Information in accordance with applicable data protection and privacy laws. For the purpose of EU data protection legislation, the data controller is Datameer, Inc. of 535 Mission Street, Suite 2602, San Francisco, CA 94105.

1) Information We Collect

Datameer collects Personal Information and Other Information, as described below.

Personal Information We May Collect:  “ Personal Information ” is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, you as an individual. In particular, Personal Information may include the following:

  • Name
  • Company name
  • Postal address (including billing and shipping addresses)
  • Telephone number
  • Email address
  • If you participate in one of our giveaways or promotions, your t-shirt size, as applicable
  • Social media account ID
  • Content (text, images, messages, comments, or any other kind of content that is not your email address) you may post on our Websites, including blogs available on our Websites
  • Information about your company’s systems, including your Hadoop distribution;
  • Information about your company’s interests and potential or actual use of the Platform Services.
  • Any personal information contained within the data that you may make available to or load into the Platform Services
  • Employment application information
  • Datameer generated user ID

Please note that we may use a third-party payment service to process payments for the Platform Services should you use a credit card as your payment form. In such a case, your Personal Information will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over and are not responsible for this third party’s collection, use, and disclosure of your Personal Information.

How We May Collect Personal Information

Datameer and its service providers may collect Personal Information in a variety of ways, including:

  • Through the Website or the Platform Services:  We may collect Personal Information through the Website (e.g., when you sign up for a newsletter or request a demo or free trial) or when you use the Platform Services.
  • Offline : We may collect Personal Information from you when you attend one of our trade shows or contact customer service.
  • Information from Social Networking Sites:  Our Site includes interfaces that allow you to connect with social networking sites (each an “SNS”). If you link to an SNS through our Site, you authorize us to access, use, and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use, and store that information under this Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.
  • From Other Sources : We may receive your Personal Information from other sources, such as public databases, joint marketing partners, resellers, or other referral partners; social media platforms (as described above); as well as from other third parties.

Other Information We May Collect

“ Other Information ” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

  • Browser and computer information
  • Usage data related to actions taken while using the Platform Services
  • Information collected through cookies, pixel tags, and other technologies
  • Demographic information and other information provided by you
  • Aggregated information

How We May Collect Other Information:  Our third-party service providers and we may collect Other Information in a variety of ways, including:

  • Through your browser or computer : Certain information is collected by most browsers or automatically through your computers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name, and version, language, Internet browser type and version and the name and version of the Platform Services you are using. We use this information to ensure that the Services function properly.
  • Through your use of the Platform Services : We may track and collect usage data, such as user actions and activities through the Platform Services.
  • Using cookies : Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. Our service providers and we use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Website, as well as for online tracking and marketing purposes. We can recognize your computer to assist your use of the Platform Services. We also gather statistical information about the usage of our Website and our Platform Services to improve the design and functionality continually, understand how our Website is used, and help us resolve questions regarding the Platform Services. The following types of cookies may be used when you visit the Website:
      • Strictly Necessary Cookies  – These cookies are necessary for the Website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you, which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Site will not then work. These cookies do not store any personally identifiable information. Because required cookies are essential to operate the websites, there is no option to opt-out of these cookies.
      • Performance Cookies  – These cookies allow us to count visits and traffic sources to measure and improve our Site’s performance. They help us know which pages are the most and least popular and see how visitors move around the Site. All information these cookies collect is aggregated and, therefore, anonymous. If you do not allow these cookies, we will not know when you have visited our Site and will not be able to monitor its performance. You can choose to opt-out of Performance Cookies.
      • Functional Cookies  – These cookies enable the Website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly. You can choose to opt-out of Functional Cookies.
      • Targeting Cookies  – These cookies may be set through our Site by our advertising partners. Those companies may use them to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. You can choose to opt-out of Targeting Cookies.
      • Social Media Cookies  – These cookies are set by a range of social media services that we have added to the Site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. It may impact the content and messages you see on other websites you visit. If you do not allow these cookies, you may not be able to use or see these sharing tools. You can choose to opt-out of Social Media Cookies.
  • Disabling Cookies:  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a specific site. If you delete cookies, any settings managed by those cookies will also be deleted. However, if you do not accept these cookies, you may experience some inconvenience in using our Website. For example, we may not be able to recognize your computer, and you may need to log in every time you visit our Website. If you want to learn more about cookies or how to control, disable, or delete them, please visit https://www.aboutcookies.org/. Besides, you may opt-out of some third-party cookies through the  Network Advertising Initiative’s Opt-Out Tool . For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies, or visit the following links:
  • Analytics Tools : We may perform analytics on the Platform Services and/or use third-party analytics services, including but not limited to Google Analytics and Crazy Egg (“ Analytics Services ”), to help analyze the use of the Website. We use the information we get from conducting analytics and using Analytics Services only to improve our Platform Services and Website. The information generated by the Cookies or other technologies about your use of our Website (the “ Analytics Information ”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s Terms of Use and Privacy Policy. Using our Services, you consent to data processing about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at the email address provided above. For information about how to opt-out of Google Analytics, please click here:  https://tools.google.com/dlpage/gaoptout .
  • Using pixel tags and other similar technologies : Pixel tags (also known as web beacons and clear GIFs) may be used in connection with our Website to, among other things, track the actions of users of the Website (including email recipients), measure the success of our marketing campaigns, for marketing purposes and compile statistics about usage of the Website and response rates.
  • Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies : We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Website. If you do not want Flash LSOs stored on your computer, you can adjust your Flash player’s settings to block Flash LSO storage using the tools contained in the  Website Storage Settings Panel . You can also control Flash LSOs by going to the  Global Storage Settings Panel  and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede some Flash applications’ functionality, including, potentially, Flash applications used in connection with the Website or our online content.
  • IP Address : Your “ IP Address ” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP Addresses for purposes such as calculating usage levels of the Website and/or Platform Services, helping diagnose server problems, and administering the Website and/or Platform Services.
  • From you : Information such as your location and other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other visitors to the Website.
  • By aggregating information : Aggregated Personal Information does not personally identify you or any other users of the Website or Platform Services (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).

2) Use and Disclosure of Information

    How We May Use Personal Information

    We may use Personal Information:

    • To enable your use of the Website and provide the Platform Services you request. We will use any Personal Information that you make available to or load into the Platform Services solely to provide you with the Platform Services under your instructions and requests.
    • To respond to your inquiries and fulfill your requests, such as to send you newsletters, provide you with demos and provide you with a free trial.
    • For example, to send administrative information to you, information regarding the Platform Services, and changes to our terms, conditions, and policies.
    • To process payments for the Platform Services, make the Platform Services available, communicate with you regarding the Platform Services, and provide related customer service and support.
    • To send you marketing communications that we believe may be of interest to you.
    • To personalize your experience on the Website by presenting products and offers tailored to you.
    • To allow you to participate in sweepstakes, contests, and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
    • To facilitate social sharing functionality.
    • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving, or modifying our Website or Platform Services, identifying usage trends, determining our promotional campaigns’ effectiveness, and operating and expanding our business activities.
    • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence, including to meet national security or law enforcement requirements; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

    Data Integrity . Datameer will use Personal Information only in ways that are compatible with the purpose it was collected or subsequently authorized by you. Datameer will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current. Datameer depends on you to update and correct your Personal Information to the extent necessary for the purposes for which it was collected and subsequently authorized by you.

    Legal bases for processing Personal Information (for individuals in EEA) 

    If you are an individual in the European Economic Area (EEA), we will process your Personal Information only where we have a lawful basis under applicable EU laws. Datameer will process the Personal Information only where:

    • Consent : You give us consent to process your Personal Information for a specific purpose.
    • Contract:  The processing of your Personal Information is necessary for us to perform the contract we are about to enter into or have entered into with you.
    • Legal Obligation:  The processing of your Personal Information is necessary for us to comply with a legal or regulatory obligation.
    • Legitimate Interests:  The processing of your Personal Information is necessary for our legitimate interests (or those of a third party) except where your interests or fundamental rights override such interests.

    How Personal Information May Be Disclosed

    Your Personal Information may be disclosed:

    • To our affiliate, Datameer GmbH, for the purposes described in this Privacy Policy. Datameer, Inc. is the party responsible for the management of the jointly-used Personal Information.
    • To Our third-party service providers who provide services such as website hosting, data analysis, payment processing, information technology, related infrastructure provision, customer service, email delivery, credit card processing, auditing, and other similar services. Datameer requires its service providers to disclose Personal Information and who are not subject to the laws based on the EU Data Protection Directive 95/46 or Swiss Federal Data Protection Law to either (i) subscribe to the EU-U.S. Privacy Shield (“Privacy Shield”) or (ii) contractually agree to provide at least the same level of protection of Personal Information as is required by the relevant Privacy Shield principles.
    • To third-party sponsors of sweepstakes, contests, and similar promotions.
    • By you, on blogs and other services to which you can post information and materials (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public information and may be available to visitors to the Website and our Social Media Pages and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on our Social Media Pages and on our Website.
    • To social media account providers, in connection with your social sharing activity and other interactions through social media, such as if you sign up for a free trial through the Website from your social media account.
    • 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).
    • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence including to meet national security or law enforcement requirements; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
    • If we plan to use or disclose Personal Information for any purposes or to any recipient other than those described in this Privacy Policy, we will notify you before such use or disclosure and obtain your consent before disclosure.

    How We May Use and Disclose Other Information:  Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. Suppose we are required to treat Other Information as Personal Information under applicable law. In that case, we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

    3) Third-Party Services

    This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked Site or service by us or our affiliates. Please note that we are not responsible for the collection, usage, and disclosure policies and practices (including the data security practices) of other organizations, such as LinkedIn, Marketo, Google, Microsoft or any other social media platform provider, operating system provider, wireless service provider, technology resellers, partners or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Website or our Social Media Pages.

    4) Data Security

    We seek to use reasonable organizational, technical, and administrative 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 (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us under the “Contacting Us” section below.

    5) Choices and Access

    Your choices regarding our use and disclosure of your Personal Information  We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by updating your marketing email preferences at  https://info.datameer.com/UnsubscribePage.html . We will try to comply with your request(s) as soon as reasonably practicable. Please also note that, i.e., may still send you important administrative messages. If you opt-out of receiving marketing-related emails from us, You cannot opt-out from receiving administrative messages while you are a user of the Platform Services.

    How you can access, change or suppress your Personal Information  If you would like to review, correct, update, suppress, or delete Personal Information that has been previously provided to us by you, you may contact us by email at  privacy@datameer.com . In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information that you have provided to us suppressed from our database or let us know what limitations you would like to put on our use of your Personal Information that you have provided to us. For your protection, we may only implement requests regarding the Personal Information associated with the particular email address you use to send us your request. We may need to verify your identity before implementing your request. We will try to comply with 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 before requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed. Requesting a change or deletion before completing a pending transaction may impact our ability to fulfill the transaction.

    6) Retention Period

    We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a more extended retention period is required or permitted by law.

    7) Use of Website by Minors

    The Website is not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information through the Website.

    8) Cross-border Transfer: Your Personal Information may be transferred to, stored, and processed in any country where we have facilities or in which we engage service providers, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may provide for a level of protection that is less than the protection provided under the laws of your home country. To facilitate our global operations, we may transfer and access such Personal Information from around the world, including from other countries in which Datameer has functions. Therefore, your Personal Information may be processed outside of the EEA and in countries that are not subject to the European Commission’s adequacy decision and may not provide for the same level of data protection as the EEA.

    In this event, we will ensure that the recipient of your Personal Information offers an adequate level of protection, for example, by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.

    With respect to our collection and processing of Personal Information about individuals in the European Union and Switzerland, we have implemented safeguards to ensure an adequate level of data protection, such as:

    (a) the recipient country has an adequacy decision from the European Commission;

    (b) the European Commission’s Standard Contractual Clauses for the transfer of personal information; or

    (c) Datameer participates in the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework set forth by the US Department of Commerce regarding collecting, using, and retaining Personal Information transferred from the European Union and/or Switzerland to the United States. We have certified our adherence 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. For more information regarding Privacy Shield, the Privacy Shield Principles, and to view our certification, please visit  www.privacyshield.gov . As described in the Privacy Shield Principles, Datameer is accountable for Personal Information that it receives and subsequently transfers to third parties. If third parties that process Personal Information on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable unless we prove that we are not responsible for the event giving rise to the damage. We conduct periodic self-assessments to verify that we comply with the Privacy Shield Principles, that the attestations and assertions we make about our privacy practices are correct, and that such privacy practices have been implemented as presented in this Privacy Policy. Datameer will take reasonable steps to remedy any non-compliance with the Privacy Shield Principles found due to any self-assessment. In compliance with the Privacy Shield Principles, Datameer commits to resolve complaints about our collection or use of your Personal Information. If you have any complaints regarding our adherence to this Privacy Policy or our compliance with the Privacy Shield program, please first contact us by email at  privacy@datameer.com . We will investigate and attempt to resolve any such complaints under the principles contained in this Privacy Policy. If the complaint cannot be or is not adequately resolved through our internal dispute resolution process, Datameer commits to cooperating with the panel established by the EU data protection authorities (DPAs) and/or the Swiss Federal Data Protection and Information Commissioner (Commissioner) under the Swiss-U.S. Privacy Shield Framework and comply with the panel and/or Commissioner’s advice concerning Personal Information transferred from the EU and/or Switzerland. Please contact us to be directed to the relevant DPA contacts. As further explained in the Privacy Shield Principles, binding arbitration will also be made available to you to address residual complaints not resolved by any other means. Datameer is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).

    9) Sensitive Information

    We ask that you do not send us and do not disclose any sensitive Personal Information (e.g., governmental ID or social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics, or genetic characteristics, criminal background) on or through the Website or otherwise to us.

    10) Updates to This Privacy Policy

    This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will notify you by sending you an email to the last email address you provided to us and/or by prominently posting a notice of the changes on our Website. Any changes to this Privacy Policy will be effective following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. Please note that at all times, you are responsible for updating your Personal Information to provide us with your most current email address. Suppose the last email address that you have provided us is not valid or for any reason is not capable of delivering to you the notice described above. In that case, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your Personal Information, you must notify us before the effective date of the changes. Continued use of our Website or Platform Services, following notice of such changes, shall indicate your acknowledgment of changes and agreement to be bound by the terms and conditions of such changes.

    11) Privacy Rights for California Residents

    Effective January 1, 2020, if you are a California resident, you may be entitled to additional rights over your personal information under the California Consumer Privacy Act (“CCPA”). This section is effective as of January 1, 2020, and shall apply only to California residents and may be subject to change.

    If you are a California resident, we are required to disclose specific uses and disclosures in a certain format. We may collect the following categories of information:

    • Identifiers
    • Personal Information under California Civil Code section 1798.80
    • Commercial Information
    • Internet or other electronic network activity information
    • Geolocation data
    • Audio, electronic, visual, or similar information
    • Professional or employment-related information
    • Education information

    We collect the data from various sources for each category of information, including directly from you, from your devices, from your social media profiles, and/or from third-party providers. We collect the data to enable the use of our sites, services, and products, to communicate with you, to understand how our users interact with our sites, to improve our offerings, and to transact with you if you use our services or products, and to enable transactions you’ve requested.

    We do not provide access to or disclose personal information to a third party for monetary or other valuable consideration (a “sale” for purposes of the CCPA). However, as outlined in this Policy, we may disclose personal information for “business purposes,” as we’ve described here. For more information, please refer to the Use and Disclosure of Information Section of this Privacy Policy. In the twelve (12) months before the current annual effective date of this Policy, Datameer has disclosed the following categories of personal information for a business purpose:

    • Identifiers
    • Personal Information under California Civil Code section 1798.80
    • Commercial Information
    • Internet or other similar network activity
    • Geolocation data
    • Audio, electronic, visual, thermal, olfactory, or similar information
    • Professional or employment-related information
    • Education information
    • Inferences drawn from any of the above information

    Under the CCPA, California residents may only make a verifiable consumer request for access or data portability twice within 12 months. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you as the person about whom we collected personal information. Effective January 1, 2020, if you wish to exercise the access, data portability, and deletion rights described above, please submit a request by emailing us at privacy@datameer.com or calling us at 1(800) 874-0569 (Toll-Free).

    If you have any questions, comments, or concerns concerning our privacy practices or this Privacy Policy, please feel free to contact us at privacy@datameer.com. You may also write to us at the following address:

    Datameer, Inc.

    Attn: Datameer Legal

    535 Mission Street, Suite 2602, San Francisco, CA 94105

    12) Contacting Us

    If you have any questions about this Privacy Policy, please contact us by email at  privacy@datameer.com , or please write to the following address:

    Datameer, Inc.

    Attn: Datameer Legal

    535 Mission Street, Suite 2602, San Francisco, CA 94105

    Please note that email communications are not always secure, so please do not include credit card information or sensitive information in your emails to us.