Privacy Policy

Skytap, Inc. Privacy Policy

February 13, 2015

Skytap considers your privacy paramount, and we take great care in keeping the information of our users private and secure. This Privacy Policy describes our policies and procedures regarding the information that we collect when you use our services and website (the “Services”), as well as how we use, disclose, protect and share your information. This Privacy Policy does not apply to third party services that are not under Skytap’s control; those parties’ services are governed by their own privacy policies. By using the Services, you acknowledge and consent to the collection, processing and disclosure of information as described in this Privacy Policy.

Skytap complies with the U.S. – E.U. Safe Harbor Framework and the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Skytap has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Skytap’s certification, please visit http://www.export.gov/safeharbor/.

Personal Information
“Personal Information” is information about you that is personally identifiable. The Personal Information collected may include items from registrations and transactions (such as name, title, address, company, phone number and email address), information about use of our website (such as electronic communications protocols, web pages visited, and cookies), and your user preferences.

Purposes
We collect and use Personal Information for the following purposes: to improve the Services, to contact customers, to market our products and services, to collect and handle feedback, to improve customer service, to comply with applicable laws and legal processes, to enforce our terms and conditions, to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others, and to allow us to pursue available remedies or limit any damages that we may sustain.

Visitor Identification and Collection of Personal Information
We may collect Personal Information from users in a variety of ways, including, but not limited to, when you visit our website, place an order, subscribe to our newsletter, and in connection with other activities, services, features or resources we make available through the Services.

We, and third parties with whom we partner, may use cookies, web beacons, local shared objects (sometimes called “flash cookies”), and similar technology in connection with your use of the Services and third party websites (collectively, “Cookies”). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Skytap may link the information stored in Cookies to any Personal Information you submit through online forms while accessing or using the Services. Further, Skytap tracks aggregate statistics, such as Internet protocol addresses, computer operating systems, browser types and the addresses of any referring websites, and general information about the Services’ traffic patterns and related information. Skytap may collect and process Personal Information of users to create a personalized experience. If you do not wish to receive Cookies, or want to be notified when they are placed, you may set your web browser to do so, if your browser permits. If you refuse the Cookies, Skytap does not gather any information on your visit, but doing so will require you to re-enter certain information at each visit, prevent you from engaging in certain website related activities, or prevent Skytap from customizing the Services’ features according to your preferences.

If you submit any Personal Information relating to individuals authorized to use your account, such as employees or contractors, please do so only if you have secured permission to do so. If you have not secured permission, please do not submit to Skytap the Personal Information of any individual.

Disclosure of Personal Information
Skytap may disclose Personal Information in the following ways:
• If you elect to purchase third party applications, we may share Personal Information with companies who provide those applications. In those cases, we encourage you to review and understand the terms and conditions and privacy policies of those third parties, over whom we have no control.
• We may disclose generic aggregated demographic information not linked to any Personal Information regarding visitors and users to our business partners, trusted affiliates and advertisers.
• We may use third party service providers to help us operate or administer the Services, such as sending out newsletters or surveys. We may share Personal Information with these third parties for the purpose of implementing these types of marketing campaigns.
• We may disclose 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).
• As we believe to be necessary or appropriate, we may disclose Personal Information: (a) under applicable laws, 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; (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.

Retention of Personal Information

Skytap has the right, but not the obligation, to retain and use such information stored in our databases and other information obtained from your current or previous interactions with the Services for a reasonable period of time, not exceeding any legal requirements or limitations, to resolve disputes, troubleshoot problems and enforce Skytap’s rights and the terms and conditions of this Privacy Policy.

Disclosures Required by Law
If Skytap is compelled by law, court order or other judicial process to disclose any of your Personal Information to a court or a third party, Skytap will attempt to give you prior notice using the contact information you have provided. You hereby authorize Skytap to disclose any information collected of you for any of the above mentioned purposes, including without limitation, disclosing information in connection with an investigation of intellectual property infringement or other activity that is illegal or may expose Skytap to legal liability.

How we Protect your Information
Skytap has adopted reasonable administrative, technical, and physical security measures to protect Personal Information against loss, theft, unauthorized access, alteration, disclosure or destruction. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, Skytap uses standard security protocols and mechanisms to facilitate the exchange and the transmission of data. We do not process Personal Information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual.
In the event that Personal Information is acquired by an unauthorized person and applicable law requires notification, we will notify the affected individual of the breach by email or, if Skytap is unable to contact the individual by email, then by regular mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for Skytap or law enforcement to determine the scope of the breach and to ensure or restore the integrity of the data system. Skytap may delay notification if we or a law enforcement agency determines that the notification will impede a criminal investigation, and in such case, notification will not be provided unless and until we or the agency determines that notification will not compromise the investigation.

Choices and Access
Skytap provides you with choices about the use and disclosure of the Personal Information for marketing purposes. You may opt out of the following:
• Receiving electronic communications from us: If you do not wish to receive promotional emails from us, you may use the unsubscribe option contained in our emails.
• Our sharing of your Personal Information with our affiliates: If you do not wish that we share your Personal Information with our affiliates for their direct marketing purposes, you may opt out by contacting us at unsubscribe@skytap.com.
• Access to Personal Information: You may update your Personal Information by editing your user information in the Services. If your personal information changes, or if you no longer desire information about our Service, you may have your Personal Information updated or removed from our records by emailing unsubscribe@skytap.com or by contacting us by telephone or postal mail at the contact information listed below.
Skytap will attempt to comply with your request(s) as soon as reasonably practicable. Please also note that if you opt out of receiving marketing-related messages from us, we may still send you important administrative messages regarding our Services, from which you cannot opt out.

Collection and processing of Personal Information is based on your consent given by accessing and using the Services. However, you may at any time exercise your right to have incomplete, incorrect, unnecessary or outdated Personal Information deleted or updated by contacting Skytap. Please note that by requesting Skytap to delete your Personal Information, we may not be able to provide you the Services you have inquired about or ordered.

Changes to this Privacy Policy
Skytap may change, modify or update this Privacy Policy at any time. When we do, we will revise the date at the top of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the Personal Information we collect. If you continue to use the Services, you acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of any modifications.

Contacting Skytap
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at info@skytap.com

Written inquiries may be addressed to:
Skytap, Inc.
Information Security Manager
719 2nd Avenue, Suite 300
Seattle, WA 98104
(206) 866-1162