Nutanix Privacy Statement

How We Use the Personal Information We Collect

We use the personal information we collect for the following business and commercial purposes:

• Account Registration. We collect information that is necessary for you to register an account with us, log in to your account, and use features of our Offerings, such as your name, contact details, company, geographic area, preferences, job title, and password. This information also allows us to manage your account.

• Order and purchase. We collect information that is necessary to enable you to order products or services or fulfill your order or purchase of our Offerings, including downloading any software updates. This may include information such as your name, contact details, job title, company, credit card or other billing information.

• Provide you with information, content, or other Offerings that you have requested. We collect information necessary to fulfill your request, such as providing a whitepaper or enabling access to a demo environment. 

• Manage our daily business operations and facilitating customer, vendor, and partner relationships.

• Customer communications and support. We collect information that is necessary to respond to enquiries, support requests or any other communications you submit through our Offerings, such as your name, contact details and the content of your communications. We also use that information to communicate with you via technical notices, updates, security alerts and support and administrative messages.

• Promotions and contests. We collect information that is necessary to process and deliver entries and rewards in connection with promotions and contests that we may offer from time to time, such as your name, contact details, job title and company.

• Provide, operate, and enhance our Offerings. We collect information that is necessary to deliver, operate, maintain, enhance, and provide all features of our Offerings, such as your feedback or any other information related to your utilization of our Offerings that you provide us with. We also use that information to develop new products, services, features, and functionality. 

• Allow you to activate and access the Offerings (such as through MyNutanix). 

• Secure our Offerings. We process information for security purposes, including to verify your identity and ensure that you are authorized to use our Offerings.

• Administer, improve and personalize our Offerings.

• Product and services improvement. We may conduct researching or use analytics to improve and customize our Offerings. 

• Test, update and monitor the Offerings, or diagnose or resolve issues related to our Offerings. 

• Process payments for our Offerings using third-party providers.

• Direct marketing. We collect information to send you direct marketing, in accordance with your marketing preferences. We use your name, contact details and account information to email you with marketing offers and resources, events, newsletters, whitepapers and other company updates about Nutanix and other third parties.

• Advertising. We may use information to assist us in advertising our products and services on third-party websites. 

• Conferences, webinars, and events. We collect information necessary to register you and provide our conferences, webinars, and events to you. 

• Social Networking. We may collect information from your interactions on third-party social networks (subject to the social network’s terms of use).

• Education and Training. We may collect information from you to provide, facilitate, and enhance our education and training Offerings. 

• Communities and Forums. We may collect information to provide and facilitate online forums, blogs, customer tutorials and other similar groups or functions.

• Surveys and feedback. From time to time, we request individuals to complete surveys about Nutanix or our Offerings. 

• Dispute resolution or enforcement. We may use your information to enforce a contract we have with you or your organization, to enforce our Terms of Use, to resolve a dispute, to perform a legal obligation or enforce a legal right, or to protect our business interests.

• Prevent, detect, or investigate fraud, or unlawful, unauthorized, or criminal activity. 

• Comply with contractual and legal obligations and requirements. 

• Other purposes. We may use the personal information you voluntarily disclose to us for any other purposes disclosed to you and with your consent. 

Legal Basis for Processing

We use your personal information only for the purposes described in this Privacy Statement or for purposes that we explain to you at the time we collect your information. Depending on our purpose for collecting your information, we rely on one of the following legal bases:

• Contract – processing your personal information may be necessary for the performance of a contract or to take steps at your request to enter a contract; 

• Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent;

• Legitimate interests – processing your personal information may be necessary for our legitimate interest. We will rely on legitimate interests to process your personal information provided that our legitimate interests are not overridden by your data protection interests or fundamental rights and freedoms. We may rely on our  legitimate interests for purposes such as: operating, providing, and improving our Offerings; communicating with you; detecting or preventing illegal activities; managing the security of our IT infrastructure, and the safety and security of our employees, customers, vendors, and visitors; or 

• Legal obligation – there are instances where we it is necessary for us to process and retain your personal information to comply with laws or to fulfil certain legal obligations.

You can find examples of the personal information, purposes, and legal basis on which we process your personal information in the table below. The examples in the table are not exhaustive.

How We Disclose Your Personal Information 

Except as described in this Privacy Statement, we will not disclose personal information about you that we collect on or through our Offerings to third parties without your consent, unless legally required or permitted to do so. We may disclose information to third parties if you consent to us doing so, as well as with the following categories of recipients:

• Nutanix group companies. We may share personal information with other companies owned or controlled by Nutanix, or under common ownership, including our affiliates, subsidiaries, or our ultimate holding company as necessary to provide the Offerings or for the purposes listed above.

• Customers. When customers use our Offerings, their Customer Data may include your information.

• Third-party service providers. Your personal information may be disclosed to a third-party service provider providing services to Nutanix as necessary to provide our Offerings or for purposes described in this Privacy Statement. Examples include customer relationship management providers, communications providers, maintenance and technical support providers, cloud hosting providers, analytics companies, payment providers, survey providers, security, and fraud detection providers. For example, our customer relationship management providers host our customers and prospects employees' contact details and information about our interactions and relationship with them for the purpose of allowing us to better manage our relationships with our customers and prospective customers. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to only use the information shared to provide us with the services they have been hired to provide.

• Other Nutanix community and blog users. If you participate in any of Nutanix’s online communities or blogs, we may disclose your public profile information to other online community and blog participants, as well as any other information you choose to provide or make public.

• Business Partners in connection with selling, distributing, delivering, supporting, or providing our Offerings, or engaging in joint marketing activities, in accordance with your marketing preferences.

• Third party services. When you use third party services linked through our Sites or Offerings, your personal information will be collected by the provider of such services, and their own terms and privacy notices will govern your use of their services and their processing of your personal information. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through our Offerings. We encourage you to review third parties’ privacy and security policies before providing them with your personal information.

• Your employer or company. If you use our Offering on behalf of your employer or company, we may disclose your information to your employer or company.

• Ad networks and advertising partners: We work with third-party ad networks and advertising partners to deliver advertising and personalized content on our Sites, on other websites and services, and across other devices using Cookies. This information is used to provide and tailored advertising, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research. Please see our Cookie Notice for more information. 

• Social media providers. When you use social media features through Nutanix Offerings, such as the Facebook “like” button (“Social Media Features”), these Social Media Features may collect your IP address and which page you are visiting on our website, and may set a Cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on our Offering to a profile page of yours that is provided by a third-party social media network to share with others within your network. Social Media Features are either hosted by a third-party or hosted directly on our Offerings. Information collected in the context of the Social Media Features is subject to the relevant social media platforms’ own data collection, use, and disclosure policies.

• Law enforcement body, regulatory, government agency, court or other similar third-party (such as our professional advisers). Nutanix may disclose your personal information to these parties where we believe disclosure is necessary (i) to comply with applicable law or regulation, (ii) in response to a court order, judicial or other government subpoena or warrant, or (iii) to exercise, establish or defend our legal rights, (iv) to protect your vital interests or those of any other person, or (v) to otherwise cooperate with law enforcement or other governmental agencies.

• Acquirer, successor, lender, or assignee (and its agents and advisers) as part of any actual or proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third-parties as one of our business assets in which case we will inform the acquirer, successor or assignee it must use your personal information in line with this Privacy Statement; and

• With your consent. We may disclose personal information about you to certain other individuals, third parties, or publicly with your consent or at your direction. For example, where we have obtained your consent, we may post a testimonial on our Sites.

We also reserve the right to disclose your personal information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of our Offerings and any facilities or equipment used to make our Offerings available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

We may make certain aggregated non-personal information available to third-parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through our Offerings.

Security

Nutanix holds several security certifications. You can find more information about our security protocols and certifications on our Trust website. We maintain technical and organizational safeguards that are designed to improve the integrity and security of your personal information. The measures we implement are designed to provide a level of security appropriate to the risk of processing your personal information. Specific measures we use include encryption in transit and at rest; using an industry standard framework as part of our Information Security program; employing advance malware protections and implementation of other reasonable security defenses (including vulnerability management, access management and recovery/ resilience measures).

Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that your personal information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our technical and organizational safeguards. Where you have created an account with us that uses a unique password to enable you access, it is your responsibility to keep this password secure and confidential.

International transfers

Subject to applicable law, we may transfer your personal information to third countries outside of your jurisdiction, including to the U.S. and other countries where our affiliates, partners, and third-party service providers operate. Like most businesses, we have centralized certain aspects of our data processing to better manage our business. For Global Office information, please visit our Nutanix Global Office page. 

Certain jurisdictions may not be considered to provide the same level of data protection as your country of residence. When we export your personal information from your country of residence to a different country, we will take steps to ensure that such data exports comply with applicable laws and that there are appropriate security arrangements in place. Nutanix has data processing agreements in place with our affiliates and our service providers which incorporate valid data transfer mechanisms and provide technical, organizational, and contractual measures for the protection of your personal information. If you wish to see details of these safeguards, please contact us using the contact details provided under the "Contacting Nutanix" section.

Data Privacy Framework Notice 

In relation to the transfer of your personal information covered in this Notice to the US, Nutanix, Inc. as well as its U.S. affiliates Minjar, Inc., and Botmetric LLC (the "U.S.-based Nutanix companies”) have certified and continue to comply with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework (collectively, the "DPF") regarding the collection, use, and retention of personal information transferred from the EEA, the UK, and Switzerland (collectively, the “DPF Countries”) to the United States. We commit to comply with the DPF Principles of Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity & Purpose Limitation, Access, Recourse, Enforcement and Liability. If there is any conflict between the terms of this Notice and the DPF Principles, the DPF Principles shall govern. To learn more about the DPF, and to view our certification page, please visit DPF’s website here. 

The U.S.-based Nutanix companies are subject to the investigation and enforcement of the U.S. Federal Trade Commission. 

Any personal information received by Nutanix will be used for the purposes indicated in this Notice or in a separate notice provided to you. We will retain your personal information in an identifiable form only for the period necessary to fulfill the purposes outlined in this Notice unless a longer retention period is required or permitted by law or by the DPF Principles. We will adhere to the DPF Principles for as long as we retain the personal information collected under the DPF.

We commit to give you an opportunity to opt out where we disclose your personal information to an independent third party or if your personal information is to be used for a purpose that is materially different from those communicated and/ or authorized by you. If you otherwise wish to limit the use or disclosure of your personal information, please contact us using the details provided under the "Contacting Nutanix" section.

If we have received your personal information in the United States and subsequently transfer that information to a third party acting as an agent, we will comply with the Accountability for Onward Transfer Principle, including ensuring that such agents have written agreements requiring them to provide at least the same level of protection as required by the DPF Principles and/or applicable law. If such a third-party agent processes your personal information in a manner inconsistent with the DPF Principles, we will remain liable unless we can prove we are not responsible for the event giving rise to the damage.

In certain situations, Nutanix may be required to disclose personal information that we process under the DPF in response to lawful requests by public authorities, including to meet national security requirements or to meet law enforcement requirements.

Individuals located in DPF Countries have rights to access their personal information and request that Nutanix correct, amend, or delete their personal information if it is inaccurate or processed in violation of the DPF. If you would like to exercise your rights or request any privacy preferences, please contact us using the details provided under the "Contacting Nutanix" section. Nutanix may request specific information from you to confirm your identity and we will respond to your request in accordance with the DPF Principles and applicable data protection laws.

In compliance with the DPF Principles, Nutanix commits to resolve complaints about our collection or use of your personal information. Individuals located in DPF Countries with questions, concerns, inquiries, or complaints should first contact us at privacy@nutanix.com or in writing to Nutanix's address using the details provided under the "Contacting Nutanix" section. We will investigate and attempt to resolve any DPF-related complaints or disputes within forty-five (45) days of receipt. 

If you have an unresolved DPF complaint that we have not addressed satisfactorily, we have committed to refer unresolved DPF complaints to JAMS, which is an independent dispute resolution body located in the United States. These services are provided free of charge to you. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit here (JAMS) to file a complaint or for more information. You may also have the option to select binding arbitration for the resolution of your complaint under certain circumstances. To find out more about the DPF’s binding arbitration scheme, please visit DPF’s website here. 

The U.S. Federal Trade Commission has jurisdiction over our compliance with the DPF. Nutanix remains liable if it fails to meet its obligations under the DPF and is responsible for the event giving rise to damage.

Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so or where we are required by applicable law (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). 

When we have no ongoing legitimate business need or legal reason to process your personal information, we will either delete or anonymize it. 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 Privacy Rights and Choices

Depending on your location and applicable privacy laws, you may have certain data protection or privacy rights. 

Regardless of your location, if you receive marketing communications from us, you may unsubscribe at any time by visiting our Email Preference Center accessible here or by clicking the "unsubscribe" link in the email. To opt-out of other forms of marketing (such as telemarketing), please contact us using the contact details provided under the "Contact Nutanix" section . If you are a current customer and choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations.

US residents have the rights listed in our Supplemental Disclosures for US residents here [link]. In accordance with applicable privacy law for your jurisdiction, you may have the following rights with respect to your personal information: 

• Right of access. You have the right to obtain: 

  • confirmation of whether, and where, we are processing your personal information;

  • categories of personal information we are processing, the purposes for which we process your personal information, and information as to how we determine applicable retention periods;

  • the categories of recipients with whom we may share your personal information; and

  • a copy of the personal information we hold about you.

• Right of portability. In some situations, you have the right to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format, or to request the transfer of your personal information to another person.

• Right to correct or update your information. You have the right to correct or update any inaccurate or incomplete personal information we hold about you.

• Right to request deletion. You have the right, in some circumstances, to require us to delete your personal information if the continued processing of that personal information is unjustified.

• Right to object to processing or restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information is unjustified.

• Right to withdraw consent. If you have provided consent for the processing of your personal information, you have the right to withdraw your consent at any time. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal. 

If you are unsatisfied with our response to your request or any complaint, or you feel that your privacy rights have been infringed, you have the right to complain to your local data protection authority at any time.

• For EEA residents, the contact details of the local data protection authority can be found here.

• For UK residents, the data protection authority is the Information Commissioner's Office and information on how to place a complaint can be found here. 

• For Swiss residents, the data protection authority is the Swiss Federal Data Protection and Information Commissioner, and information on how to place a complaint can be found here.

To exercise these rights, contact us here or email us at privacy@nutanix.com. For further information on how to contact Nutanix, please find our contact details under the "Contact Nutanix" heading below.  

We respond to all requests we receive from individuals wishing to exercise their privacy rights in accordance with applicable privacy laws. We do not discriminate against any individual based on the exercise of their privacy rights. To protect your privacy and security, we may take steps to verify your identity before responding to your request. While we will make reasonable efforts to accommodate your request, we also reserve the right to reject such requests or to impose certain restrictions and requirements on such requests, if required or permitted by applicable law.

Additional Information for U.S. Residents

If you are a resident of the United States, please also refer to the Supplemental Disclosures for U.S. Residents here.

Changes and updates

We may update this Privacy Statement from time to time in response to changing legal, regulatory, technical, or business developments. When we update our Privacy Statement, we will make it available through our Offerings, and indicate the date of the latest revision. We will take appropriate measures to inform you, consistent with the significance of the changes we make. 

You can see when this Privacy Statement was last updated by checking the “last updated” date displayed at the top. Please revisit this page periodically to stay aware of any changes to this Privacy Statement. 

Contacting Nutanix

If you have any questions or concerns about this Privacy Statement, or our use of your Personal Information, please contact us by email at privacy@nutanix.com. To contact Nutanix’s Data Protection Officer, please reach out to dpo@nutanix.com. 

You can also contact us to exercise your rights here.

To contact us by registered mail:

For other locations, please visit our Nutanix Global Office page or inquire at privacy@nutanix.com. 

If you are a US resident, you can also reach us toll-free at 1-855-NUTANIX.