Effective as of 11 March, 2019.
Table of Contents
Personal Information We Collect
How We Use Your Personal Information
How We Share your Personal Information
Cookies and Similar Technologies
Other Important Privacy Information
How to Contact Us
Notice to European Users
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.
How We Use Your Personal Information
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:
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.
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 email@example.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
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.
Twitter Photo Contest Official Rules
CONTEST: Tweet a Photo of a Penguin Computing Special Edition #HPCeverywhere Stuffed Penguin with #HPCeverywhere hashtag. Win an iPhone or iPad.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
The “Penguin Computing Twitter Photo Contest” is sponsored by Penguin Computing (“Sponsor”). This contest is governed by these official rules (“Official Rules”). By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the contest, as determined by Sponsor and its agents, are final in all respects. The contest is subject to all federal, state and local laws and regulations and is void where prohibited by law. This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Twitter.
Eligibility. The contest is open to legal residents of their respective countries where not prohibited by law, who are eighteen (18) years of age or older at the time of entry. Participants must follow Penguin Computing on Twitter (@PenguinHPC) prior to the end of the Contest Period. Sponsor has the right to verify the eligibility of each entrant.
Sweepstakes submission period. The raffle will open November 18, 2019 18:45 CST and ends November 21, 2019, 15:00 CST (“Submission Period”). Sponsor may extend or shorten the contest in its discretion.
How to enter.
- Enter the Sweepstakes by following @PenguinHPC on Twitter
- Receive a free Special Edition #HPCeverywhere Penguin Plushie from Penguin Computing staff when visiting SC19 booth #1343
- Take a picture of the Special Edition #HPCeverywhere Penguin Plushie anywhere at SC19
- Post the picture in a tweet using the #HPCeverywhere hashtag
We are looking forward to your photos! You can take this opportunity to start conversations, tell us which speakers you enjoyed or what speakers you look forward to hearing from. Contestants may submit as many posts as they would like, however, contestants may not use multiple Twitter accounts to increase their number of entries. There will be only one entry added per person.
Winner selection. The two winners will be chosen based on a random drawing of all eligible contestants who completed the rules. The winning applicants will be randomly selected by 17:00 PST Wednesday, December 4, 2019, and will notify the winner via Twitter direct message.
Announcement and instructions to obtain the prize will be sent via Twitter open direct message. Participants must be able to receive open direct Twitter messaging to receive winning announcement. Each entrant is responsible for monitoring his/her Twitter account for prize notification and receipt or other communications related to this sweepstakes. If a potential prize winner cannot be reached by the Sponsor within five (5) days of initial contact, using the contact information provided at the time of entry, that potential prize winner shall forfeit the prize. Upon the request of the Sponsor, the potential winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form. If a potential winner fails to comply with these official rules, that potential winner will be disqualified.
1st Prize: iPad Wifi, Space Gray 32GB
2nd Prize: iPhone 11, Black 64GB
Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the prize winner. All Federal, State and local taxes associated with the receipt or use of any prize is solely the responsibility of the winner.
Additional limitations. Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor may terminate, suspend or amend the Sweepstakes, without notice, and for any reason.
Sweepstakes sponsor. Sweepstakes is sponsored by: Penguin Computing, Inc. (“Penguin Computing”) 45800 Northport Loop W, Fremont, CA 94538. Any questions regarding this Sweepstake should be directed to firstname.lastname@example.org.
Notice to European Users
The following applies to individuals in the European Economic Area or the United Kingdom.
(click link for details)
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 email@example.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.