Privacy Policy Last modified: May 9, 2018

This Privacy Policy applies to: (a) the Circonus service provided at www.circonus.com (the "Apica Circonus Web Service"); and (b) any mobile or web application provided by Circonus that links to this Privacy Policy (each a "Circonus Mobile Service"). Any Circonus Mobile Service may have additional or different privacy provisions which shall supersede the provisions in this Privacy Policy. Collectively the Circonus Web Service and Mobile Services are referred to herein as the "Apica Circonus Service(s)."

If you have any questions about this Privacy Policy, please feel free to contact us via email (privacy@circonus.com) or write to us at:

Apica Circonus Privacy Matters
222 Pacific Coast Highway 10th Floor
El Segundo, CA 90245
USA

Information we collect and how we use it

As part of our Apica Circonus service, we collect the following types of information:

  • Information you provide — When you sign up for a Apica Circonus account, we ask you for personal information (such as your name, email address, company and industry). We also request information that will be used to provide you with a better experience, to improve the quality of the Apica Circonus Services.
  • Cookies — When you visit Apica Circonus, we send one or more cookies — a small file containing a string of characters — to your computer or other device that uniquely identifies your user account. We use cookies to improve the quality of the Apica Circonus Services, including for storing user preferences.
  • Log information — When you access Apica Circonus Services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, internet protocol address, browser type, browser language and the date and time of your request.
  • User communications — When you send us email or use other electronic services to communicate with us, which may include chat, telephone/VoIP, video, audio portions of screen share sessions, social media, text/SMS or other communications ("Electronic Communications"), we may retain those communications in order to process your inquiries, respond to your requests, for proper internal business protection and to improve the Apica Circonus Services.
  • Links — The Apica Circonus Services and Electronic Communications may contain links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of the Apica Circonus Services.
  • Third party API integration — We may offer the ability to integrate the Apica Circonus Services with third party provided services (e.g. GitHub, Facebook, Heroku etc). These integrations may provide Apica Circonus Services the right to access and use information you have provided on the third party site through their application programming interface (API). We may also establish APIs that allow those third party sites to access and use your personal data in the Apica Circonus Services. Use of these integrations only takes place with your consent and opt in. While we are responsible to tell you what information our API may supply to those third parties, we are not responsible for, nor have we reviewed, the privacy, data security or data use policies of any of the third parties with whom the Apica Circonus Services may be integrated.
  • Information we collect for Analytical purposes — We currently collect some information from your browser using Google Analytics and Marketo, which tracks your use of our site. The Google Analytics Privacy Policy is currently located here: https://support.google.com/analytics/answer/6004245 and the Marketo privacy policy is currently located here: http://legal.marketo.com/privacy/. Depending on your browser, you may have the ability to opt out of Google Analytics. To do so, visit this page: https://tools.google.com/dlpage/gaoptout/. You may also opt out of some Marketo data collection by either sending an email to privacyofficer@marketo.com, by unsubscribing through the unsubscribe or opt-out link in an email (if applicable), or by unsubscribing via the Marketo Subscription Center at http://pages2.marketo.com/emailsubscription. In addition, other services, such as Network Advertising Initiative's Opt Out tool, currently located at http://optout.networkadvertising.org/#!/ may allow you to opt out of certain advertising based network data sharing. We do not control, nor are we responsible for, the data protection, sharing or retention policies of these sites. We may from time to time add to or change the tools we use for analytics.
  • Social Media links — We currently have enabled Twitter campaign tracking on our site. You can read more about what this tool is at https://business.twitter.com/en/analytics.html. This tool allows us to better track Twitter communication campaigns we may launch. Twitter's privacy policy is located here: https://twitter.com/en/privacy. Twitter currently follows the Digital Advertising Alliance opt out principles, and you may be able to opt out of some Twitter tracking and advertising by going here: http://optout.aboutads.info/#!/. We may from time to time add to or change the social media tools we use for campaign tracking.
  • Single Sign On — We may permit you to log into your account with us using single sign on ("SSO"), e.g. by logging into your Google, GitHub or Slack account, you will be automatically logged into your account. This is optional; however, when you authorize us to access your information via SSO we copy your data out of the originating service and store it locally on our servers for marketing and account management purposes.

Apica Circonus only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific Apica Circonus Services. In addition to the above, such purposes include but are not limited to:

  • Providing the Apica Circonus Services, including the display of customized content;
  • Auditing, research and analysis in order to maintain, protect and improve the Apica Circonus Services;
  • Ensuring the technical functioning of the Apica Circonus Services;
  • Protecting the rights or property of Apica Circonus;
  • Interacting with third parties through applicable APIs that you have opted into;
  • For tracking the performance of any of our social media campaigns;
  • Disclosing your personally identifiable information when we are required to do so to comply with applicable law, such as when a government agency or officer makes a demand for it and we determine such demand is legally enforceable, or if we believe that disclosure is necessary to protect our rights and/or to comply with a discovery request in a judicial proceeding, a court order, or other legal process we are served with (each a "Compliance with Law Request"); and
  • Developing new Apica Circonus Services.

More information about how we process personal information may be provided in supplementary privacy notices for particular Apica Circonus Services.

Apica Circonus currently processes personal information on our servers that are located in the United States of America. Unless you have a separate contract with other obligations we have agreed to, however, we can move these Apica Circonus Services to any server in the world, or move these Apica Circonus Services to a cloud based service, in which case the information we retain may exist in any other geographic location.

Information we generate

Our system generates meta data (data that describes data), which may include de-identified demographic information, statistics, user usage information, and other similar information that cannot reasonably be used to identify an individual ("System and De-identified Data"). System and De-identified Data is owned by Apica Circonus and is not subject to this Privacy Policy and may be used by Apica Circonus in any manner Apica Circonus chooses, that is not in direct violation of applicable law.

Choices for personal information

Apica Circonus Account

You can access, update or change personal information you have provided by logging into your Apica Circonus account or by emailing us at support@circonus.com.

If you want us to delete your personal information and/or deactivate your Apica Circonus account, please contact us at support@circonus.com with your request. We’ll take steps to delete your information as soon as is practicable, but note that we may retain certain personal information in archived/backup copies for our records or as otherwise required by law.

You can decline to submit personal information to any of the Apica Circonus Services, in which case Apica Circonus may not be able to provide those Apica Circonus Services to you.

Cookies

When you sign up for a particular service that requires registration, we ask you to provide personal information. We will not use your personal information in a manner different than the purpose for which it was collected, without your prior consent. Your prior consent may be obtained by giving you notice of how we will use such information and asking you to check a box (or uncheck a box) or manually press a button, or any other means that reasonably indicates you consented to such use.

You can configure your browser to refuse to accept some or all cookies. However, many Apica Circonus Services may not function properly if your cookies are disabled and no guaranty or warranty is provided by Apica Circonus as to the operability of the Apica Circonus Services if you configure your browser or computer/device in this manner.

Information sharing

Apica Circonus does not share personal information with other companies or individuals except: (a) when you have consented by opting in as provided above; (b) in the circumstance of a Compliance with Law Request; and (c) in the circumstance where Apica Circonus engages in a merger, acquisition, sale of business/assets or any form of sale, directly or indirectly, of some or all of its assets (a "Change of Control Event").

In a Change of Control Event we will transfer your personal information to the acquiror or other successor to our business, and that acquiror or other successor will be bound on this Privacy Policy.

Information security

We use basic technical processes to configure our systems so that only persons authorized to access and use personal information are permitted to do so; however, we advise you that no process or method can insure that personal information will not be compromised, and we will not be liable for any unauthorized access to, or use of, your personal information unless it is proven that we violated specific applicable law in securing such personal information.

We restrict access to your personal information to Apica Circonus employees, contractors and agents who need to know that information in order to operate, develop or improve the Apica Circonus Services. These individuals are bound by confidentiality obligations.

Service suspension; data retention and destruction

If you breach our Terms of Service, this Privacy Policy, the Acceptable Use Policy which is incorporated herein by reference, or any other agreement with us, or otherwise engage in acts we in good faith determine to be in violation of applicable law, rules, regulations or orders, or that we feel harm the Apica Circonus Services, other users or third parties, we reserve the right to suspend your access to the Apica Circonus Services without prior notice. We may, but shall not be obligated (unless required expressly by applicable law), to give you notice of the basis for the suspension, and an opportunity to cure, or we may later determine to permanently terminate your access to the Apica Circonus Services.

Upon a termination of Apica Circonus Services, we may delete your personal information or we may retain it, if we determine that such retention is required by applicable law or for our internal business protection. Unless we have specifically agreed in a signed writing with you to maintain backups for you we shall not be liable to you for any data we delete or destroy and it is your obligation to maintain a backup of all data stored in the Apica Circonus Services.

Notwithstanding that we may delete your personal information, it may still be retained in backup storage until such data is overwritten.

Changes to this Privacy Policy

This Privacy Policy may be amended from time to time by posting the revised Privacy Policy on the Apica Circonus Services, or by other electronic communication to you. Use of the Apica Circonus Services after we have amended the Privacy Policy constitutes your agreement to the revised Privacy Policy. If you disagree with the amended Privacy Policy, you may terminate use of the Apica Circonus Services, in which case the amended Privacy Policy shall not apply to your use of the Apica Circonus Services prior to such termination.

Children's Online Privacy Protection

This web site is not directed at children under 13 nor do we intend to collect any personally identifiable information from children under 13.

Communications Decency Act Notice

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is not suitable to minors. You can discover some of the providers of such parental control technology by searching for "parental control software" using a major search engine, or by visiting https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online

Rights Under Other Laws

You may have additional rights under state law to access certain information; for example, California residents may have rights under California Code Section 1798.83. To the extent these laws are applicable to us and your personal information, we will comply with such laws.

ACCEPTABLE USE POLICY

ACCEPTABLE USE OF CIRCONUS SERVICES. You agree as follows in respect of the acceptable and unacceptable uses of the Apica Circonus Services. You will not and agree not to:

a. Use or attempt to use the Apica Circonus Services for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, bullying or harassing third parties, illegal stalking, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts, disclosing "insider trading" information, national secrets, or other information prohibited or restricted from disclosure.

b. Send unsolicited bulk mail messages ("junk mail" or "spam"). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening e-mail is also prohibited. Normally we will assume that you are in compliance with this provision; however, if an upstream provider blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision.

c. Breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.

d. Impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or us. All messages and packets transmitted via the Internet Service should correctly identify the sender and source; you may not alter the attribution of origin in electronic mail messages or posting.

e. Undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person's computers.

f. Permit another person to use your resources or the Apica Circonus Services to conduct any of the matters you are prohibited from doing.

g. Distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Apica Circonus Services may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.

h. Take any action that would cause us to violate any terms of an upstream service provider's acceptable use policy.

i. Engage in any activity disruptive or abusive towards our members or to Apica Circonus Services operations, including and not limited to:

  • Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt Apica Circonus Services, destroy data, destroy or damage equipment or disrupt Apica Circonus Services operations;
  • Degrade or impair the operation of Apica Circonus Services servers and facilities or the servers and facilities of other network hosts or Internet users;
  • Post messages or software programs that consume excessive CPU time or storage space;
  • Subvert, or assist others in subverting, the security or integrity of any of Apica Circonus Services, facilities or equipment; and/or
  • Place false, fraudulent, materially incomplete or misleading information on the Apica Circonus Services.

The above list of acceptable and unacceptable uses of the Apica Circonus Services is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Apica Circonus Services. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will endeavor to provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Acceptable Use Policy.