We’re updating our privacy policy to address GDPR. In the interim, European users wishing to act on your rights with respect to your personal data (including accessing, correcting, or deleting your data) can email customers@penguincomputing.com.

Privacy Policy

Effective as of 11 March, 2019.

This Privacy Policy is designed to help you understand how Penguin Computing, Inc. (“Penguin Computing”, “we”, “us” or “our”) collects, uses and shares personal information.

Table of Contents

Personal Information We Collect
How We Use Your Personal Information
How We Share your Personal Information
Your Choices
Cookies and Similar Technologies
Other Important Privacy Information
How to Contact Us
Notice to European Users

What this Privacy Policy Covers

This Privacy Policy describes how we collect, use and share your personal information if you visit our website at www.penguincomputing.com/, pod.penguincomputing.com or any other website to which we post this privacy policy (the “Sites”); use our services through a user or administrator account; or receive our communications. For convenience, we refer to the Sites and our services collectively as the “Service”.

We provide products and services that businesses use to store, analyze, and manage data. This Privacy Policy does not apply to any information collected, used or shared by our customers or that we handle on our customers’ behalf. Our customers have their own policies for how they handle personal information, and our contracts with our customers restrict how we use information that we handle on their behalf. You should contact the relevant customer if you have questions, concerns or requests regarding personal information that the customer handles or that we handle on its behalf.

Personal Information We Collect

Information you give us. Personal information you may provide through the Service or otherwise communicate to us includes:

  • Contact details. When you use the Service through an administrator account, contact us through the Sites, request a free trial or demo of the Service, or participate in surveys or promotional activities, we may collect information such as your first and last name, email and mailing addresses, phone number, professional title and company name.
  • Correspondence. We may collect information about you when you request information from us or otherwise correspond with us.
  • Event Information. If you register for or participate in one of our events, we may collect the information you provide to us through the event.
  • Other information. We may collect other information from you that is not specifically listed here. We will use such information in accordance with this Privacy Policy.

Information we get from others. We may receive personal information about you from third parties (e.g., joint marketing partners, social media platforms, third party database, etc). We may add this information to the information we have already collected from you and will handle it in accordance with this Privacy Policy.
Information automatically collected. Our servers and third party service providers may automatically record certain information about how you use the Service, such as your Internet Protocol (IP) address, Media Access Control (MAC) address, domain name, device and browser type, operating system, Internet service provider, referring/exit pages, the pages or features of the Service that you browse and the time you spend on those pages or features, the frequency with which you use the Service, the links that you click on or use and other statistics. We collect this information in server logs and by using cookies and similar tracking technologies. See our Cookie Policy for more information.
Sensitive personal information. We do not intentionally collect any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin; political opinions, religion or other beliefs; health, biometrics or genetic characteristics; criminal background or union membership) through the Service or otherwise, but, if you provide it to us, you must consent to our use of this information as described in this Privacy Policy.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described to you in this Privacy Policy or at the time of collection:
To provide the Service. We use your personal information:
to provide, operate and improve the Service;
to communicate with you regarding the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;
to understand your needs and interests, and personalize your experience with the Service; and
to respond to your requests, questions and feedback related to the Service.
For research and development. We analyze how our users use the Service to study trends and users’ movements around the Service, gather demographic information about our user base, improve the Service and develop new products and services.
To manage events. We use your contact details and other personal information to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you.
To send you marketing and promotional communications. We may send you promotions, newsletters or other marketing communications, but you may opt out of receiving them as described in the Email Subscription Center section below.
To create anonymous data. We may create aggregated and other anonymous data from our users’ information. We make personal information into anonymous data by removing information that makes the data personally identifiable. We may use this anonymous data and share it with third parties to understand and improve our Service and for other lawful business purposes.
For compliance, fraud prevention and safety. We may use your personal information as we believe appropriate to (a) investigate violations of and enforce our Terms of Service; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
For compliance with law. We may use your personal information as we believe appropriate to (a) comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; and (b) where permitted by law in connection with a legal investigation.
With your consent. In some cases we may ask for your consent to collect, use or share your personal information, such as when required by law.

How We Share your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances:
Affiliates. We may share your personal information with our parent company, subsidiaries and affiliates for use consistent with this Privacy Policy.
Service providers. We may share your personal information with third party companies and individuals as needed for them to provide us with services that help us with our business activities and to provide the Service (such as customer support, hosting and storage, website analytics, email delivery, marketing/advertising, database management services and legal and other professional advice). These third parties will be given limited access to your personal information that is reasonably necessary for them to provide their services.
Business partners. We may share your personal information with our business partners who jointly offer a service or co-sponsor promotions or events. We do not control how these business partners handle your personal information, which is governed by their own privacy policies. If you have questions about our business partners’ privacy practices, we encourage you to contact them.
For legal reasons. We may disclose your personal information as we believe appropriate to government or law enforcement officials or private parties for the purposes described above under the following sections: For compliance, fraud prevention and safety and For compliance with law.
Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Your Choices

Access, update, correct or delete your information. Service account holders may review, update, correct or delete the personal information in their registration profile by logging into their account or contacting us at customers@penguincomputing.com. When we delete any information, we will delete it from the active database but copies may remain in our archives and we may also retain it for fraud prevention or similar purposes. If you request deletion of your personal information, we may be unable to provide the Service or some features of the Service to you.
Opt out of marketing communication. You may opt out of marketing-related emails by following the unsubscribe instructions in the email or by following the unsubscribe instructions at http://go.penguincomputing.com/unsubscribe/u/62272. You may continue to receive Service-related and other non-marketing emails.

Cookies and Similar Technologies

We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third party websites. For more details, see our Cookie Policy. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Other Important Privacy Information

Third party sites and services. The Service may contain links to other websites and services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites, applications or services, and are not responsible for their actions. Other websites and services follow different rules regarding their collection, use and sharing of your personal information. We encourage you to read their privacy policies to learn more.
Security. The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
International data use. We are headquartered in the United States and have affiliates and service providers in other countries, and your personal information may be collected, used and stored in the United States or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country.
Children. The Service is not directed at, and we do not knowingly collect personal information from, anyone under the age of 16. If we learn that we have collected personal information from a child under age 16, we will attempt to delete that information as soon as possible.
Customer-administered accounts. Where the Service is provided to you through your employer or another organization, that organization is the administrator of the Service. We are not responsible for the privacy or security practices of these organizations, which have their own privacy policies. Please note that your organization’s administrator may be able to:

  • require you to reset your account password;
  • restrict, suspend or terminate your access to the Service;
  • access information in and about your account;
  • access or retain information stored as part of your account;
  • change the email address associated with your account;
  • change your information, including profile information; and
  • restrict your ability to edit, restrict, modify or delete information.

Please contact your organization or refer to your administrator’s organizational policies for more information.
Changes to this Privacy Policy. We reserve the right to modify this Privacy Policy at any time. If we make changes to this Privacy Policy we will post them on the Sites and indicate the effective date of the change. If we make material changes to this Privacy Policy we will notify you by email or through the Service.

How to Contact Us

Penguin Computing, Inc.
Attn: Privacy Officer ℅ Marketing
45800 Northport Loop W
Fremont, CA 94538
USA
customers@penguincomputing.com

Notice to European Users

The following applies to individuals in the European Economic Area or the United Kingdom.
Controller. Penguin Computing, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.
Legal bases for processing. Our legal basis for processing the personal information described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we rely on are typically as set out in the table below. If you have questions about the legal basis of how we process your personal information, contact us at customers@penguincomputing.com.

Processing purpose (click link for details)

Legal basis

You have entered a contract with us for the provision of the Service and we need to process your personal information to provide services you have requested or take steps that you request prior to providing services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the Service you access and request.

These activities constitute our legitimate interests. We do not use your personal information for these 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).

Processing is necessary to comply with our legal obligations.

Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated in the Service.

This sharing constitutes our legitimate interests, and in some cases may be necessary to comply with our legal obligations.

Retention
We retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested; to comply with applicable legal, tax or accounting requirements; to establish or defend legal claims; or for fraud prevention). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Your rights
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to customers@penguincomputing.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Cross-Border Data Transfer
If we transfer your personal information from the European Economic Area to a country outside of it and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission. Please contact us for further information about any such transfers and the safeguards applied.