Supplemental Disclosures for U.S. Residents

Last updated: April 30 , 2024

Scope

This Supplemental U.S. Privacy Statement (this “US Privacy Statement”) describes how Nutanix collects, uses, and discloses your personal information pursuant to U.S. state privacy laws, including:

• the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”)
• the Colorado Privacy Act
• the Connecticut Data Privacy Act
• the Oregon Consumer Privacy Act
• the Texas Data Privacy and Security Act
• the Tennessee Information Protection Act
• the Utah Consumer Privacy Act, and
• the Virginia Consumer Data Protection Act.

In each instance the controller or business of your personal information is Nutanix, Inc. 

Since the rules and regulations implementing some of these laws have not yet been finalized, we will continue to update our processes and disclosures as well as this US Privacy Statement once these implementing rules and regulations are finalized. Certain terms used in this US Privacy Statement have the meanings given to them in the respective state privacy laws.

This US Privacy Statement is incorporated into and supplements Nutanix’s Privacy Statement and applies only if you live in the applicable US state where such law is currently in effect. Any capitalized terms used and not defined herein are defined in Nutanix’s Privacy Statement.

This US Privacy Statement also describes the rights you have regarding your personal information, which apply when these laws take effect in these states. This US Privacy Statement does not apply to job applicants nor to any of our employees, owners, directors, officers, or contractors which are governed by separate privacy notices.

Personal information that we collect, use and disclose

Categories of personal information that we collect

The categories of personal information that we may have collected about you, depending on your interactions with us, in the preceding 12 months and the third parties to whom we disclose such personal information for a business purpose are set forth below:

We collect sensitive personal information for various purposes, including:

• to uniquely identify you and for tax reporting purposes
• to facilitate and provide reasonable accommodations, and
• to facilitate other business purposes as may be enumerated under U.S. state laws, including the CCPA.

As defined by the CCPA, sensitive personal information shall be treated as personal information, except where it is collected or processed for “the purpose of inferring characteristics about a consumer.” We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals.

Sources of personal information

The sources from which we collect personal information depend on, among other things, our relationship or interaction with you. The information below lists the categories of sources from which we collect personal information in different contexts:

• From you directly or indirectly, including through automated means (e.g., from your browser or device)
• Public records or widely available sources and other records and information that are made available (including by federal, state, and local government entities);
• From your employer or organization, including other end users;
• From our affiliates and subsidiaries;
• Organizations from whom we collect personal information as part of providing our products and services, completing transactions, supporting our everyday operations, or business management and development;
• Social media platforms;
• Business partners including training partners, resellers, and distributors;
• Third party service providers who process information on our behalf; and
• Third parties that you permit to share information with us.

Further information can be found in the Section titled "Personal information we collect and how we use it" of our Nutanix Privacy Statement.

Why we collect personal information

The business and commercial purposes for which we collect and use personal information depend on, among other things, our relationship or interaction with you.

Further information can be found in the Section titled "How we use your personal information (our purposes) and our legal basis for processing" of our Nutanix Privacy Statement.

Our disclosure of personal information

The categories of recipients to whom we disclosed personal information for our business purposes during the preceding 12 months include:

• our Nutanix group companies (companies owned or operated by us);
• our third-party service providers who process the personal information on our behalf for the purpose of providing services to us (and not for such third parties’ commercial use in any way);
• partners in connection with selling or distributing 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 Offerings or other third-party providers you may approve or designate from time to time (such as your cloud infrastructure provider);
• third-party social media networks when you use Social Media Features through our Offerings.

In addition to the above, we may disclose your personal information to the following recipients:

• any competent law enforcement body, regulatory, government agency, court or other third party (our professional advisers) where we believe disclosure is necessary;
• an acquirer, successor, lender, or assignee (and its agents and advisers) in connection with 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; and
• any other person if we have your permission to do so.

When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to keep that personal information confidential and use it only for performance of the contract.

Further information can be found in the Section titled "Who we share your personal information with" of our Nutanix Privacy Statement.

In the preceding 12 months, we have shared personal information as necessary for business purposes, as defined by U.S. state laws, including Cal. Civ. Code 1798.140. This includes sharing personal identifiers, commercial information, and internet or other electronic network activity with our affiliates, payment processing providers, partners, and third-party service providers, including for e-mail services, customer relationship management, helpdesk services, marketing, and website analytics providers, and social networks. While we generally do not engage in the sale of your personal information for monetary consideration, there may be circumstances where we disclose or share personal information with third parties in a way that may be considered a “sale” under the CCPA and other similar U.S. state laws. For example, we may share personal information for cross-context behavioral or “targeted” advertising purposes as defined by certain U.S. state privacy laws, such as the CCPA under Cal. Civ. Code 1798.140(ad)(2). We may also participate in partner referral programs or provide certain business contact information to our partners. You have a right to direct Nutanix not to sell or share your personal information. We do not have actual knowledge that we have sold or shared personal information of individuals under the age of 16 for targeted advertising or cross-context behavioral advertising purposes.

Retention

We retain personal information we collect from you as long as is needed to fulfil the purposes outlined in this US Privacy Statement, and as further described in the Section titled "Retention" of our Nutanix Privacy Statement.

Children under the age of 16

Use of our Offerings is not intended for and not directed at children under 16 years of age. We do not knowingly collect, sell, or share personal information from children under 16 and do not knowingly target our Offerings to children under the age of 16. Children under 16 years of age should not use or provide any personal information through our Offerings. If we learn we have collected or received personal information from a child under the age of 16, we will delete that personal information in accordance with applicable law. If you believe we might have any information from or about a child under the age of 16, please let us know by contacting us using the contact details provided under the "Contacting Nutanix" section.

Your privacy rights

Subject to certain limitations, you have the following rights with respect to the personal information that we collect about you:

i.    Right to know. You may request information about what personal information we have collected about you, including:

• The categories of personal information we collected about you and the categories of sources from which we collected such personal information;
• The specific pieces of personal information we collected about you;
• The business or commercial purposes for collecting, selling, or sharing your personal information;
• The categories of personal information we disclosed, shared or sold about you; and
• The categories of third parties to whom we disclosed, shared, or sold personal information about you.

ii.  Right of access. You may request a copy of the personal information we have collected about you.

iii. Right of correction. You may ask us to rectify inaccurate personal information, or, as appropriate, edit.

iv. Right of deletion. You may ask us to delete the personal information that we have collected from you, subject to certain exceptions.

v.   Right to limit processing of sensitive personal information. You may ask us to limit the processing of sensitive personal information we process about you. We do not collect sensitive personal information, as defined by U.S. state laws, for the purpose of inferring characteristics about you. Accordingly, submitting a request to limit the use of your sensitive personal information is not required.

vi. Right of non-discrimination. You have the right to be free from discrimination or retaliation related to your exercise of any of your privacy rights.   

vii. Right to opt-out of sale or sharing. Like many other companies, Nutanix uses services that help deliver interest-based ads to you and may disclose personal information to business partners as further described in our Privacy Statement. Making your personal information (e.g., business contact information, online identifiers, IP address, browsing activity, etc.) available to these third parties may be considered “selling” or “sharing” under certain U.S. state privacy laws.

To opt out of the “selling” and/or “sharing” of your personal information, please refer here. Please note that your use of our Offerings may still be tracked by us and our vendors or partners to perform functions that are necessary for our businesses, such as hosting our Offerings, ensuring there is no fraud (click-fraud, fraudulent or bot traffic), etc. These entities are contractually obligated to keep such information confidential and will not use it for any purpose other than for the services they provide to us.

You can contact us with your request through one of the contact methods described under the "Contacting Nutanix" section.

We may ask you to provide information that will enable us to verify your identity and state of residency in order to comply with your request to exercise your privacy rights. Such verification methods may include successful authentication of the account you maintain with us or the matching of information you provide us to the information we maintain in our systems. In some circumstances, we may request a limited amount of additional personal information from you to verify your identity, including, but not limited to, your first name, last name, email address, phone number, state/province of residence, and/or country.

Consumers in some states may also authorize an agent to make requests on their behalf. Where you authorize an agent to make a request on your behalf, we may require the agent to provide proof of signed permission from you to submit the request on your behalf, or we may require you to verify your identity to us. In some instances, we may decline to honor your request if an exception applies under applicable law, we cannot adequately verify your identity, or where we are unable to locate your information in our systems. If we are unable to comply with all or a portion of your request, we will provide an explanation for the reasons we are unable to comply. We will respond to your request in accordance with the requirements of applicable law.

You may have the right to appeal our decisions made with respect to your request. To appeal our decision on your request, you may contact us through one of the contact methods described under the "Contacting Nutanix" section. Please enclose a copy of, or otherwise specifically reference, our decision on your request, so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.

You may also request information about our practices related to our disclosure of your personal information to certain third parties for their direct marketing purposes. You may be able to opt out of our sharing of your personal information with unaffiliated third parties for the third parties’ direct marketing purposes in certain circumstances. You can contact us with your request through one of the contact methods described under the "Contacting Nutanix" section.

California’s Shine the Light law

If you are a California resident, you are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. To request the above information, please email us at privacy@nutanix.com or write to us at the mailing address provided below under the "Contacting Nutanix" section with a reference to "CA Shine the Light Disclosure Information" and include your name, street address, city, state, and ZIP code.

In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address or physical address from which you submitted your request. Please note that we are not required to respond to requests made by means other than through the provided email address or mail address. Please note that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing and the relevant details required by the Shine the Light law will be included in our response. To opt out of having your information shared under Shine the Light, you may update your preferences by visiting the Nutanix Email Preference Center or email us at privacy@nutanix.com.

Changes and updates

Nutanix may update its Privacy Statement or this US Privacy Statement at any time in response to changing legal, technical, or business developments. This US Privacy Statement was last changed on the date set forth at the top of this US Privacy Statement. 

Contacting Nutanix

Please contact us if you have any questions or concerns about our collection or use of your personal information, including if you need to access this Policy in an alternative format.

If you wish to submit a request to exercise your rights, please use our Privacy Rights Request Form.

You may contact us using our e-mail address privacy@nutanix.com or by postal service at:

Att. Nutanix Privacy
Nutanix, Inc.
1740 Technology Drive, Suite 150
San Jose, California 95110
United States

You can also reach us toll-free at 1-855-NUTANIX.