Privacy Policy

As of 6/18/2021, Turbonomic, Inc. and its subsidiaries SevOne, Inc. and ParkMyCloud have been acquired by IBM (https://www.ibm.com/) and will be integrated into the IBM organization. Turbonomic, an IBM Company (“Turbonomic”) is committed to protecting the privacy of visitors to the websites www.turbonomic.com, www.sevone.com, and www.parkmycloud.com ("Websites") and others who request information about Turbonomic. During this integration phase, if you have any questions about Turbonomic’s handling of your Personal Data you can contact IBM Chief Privacy Office Helpdesk.

Turbonomic is committed to respecting the privacy of our customers, visitors, and other users of the Turbonomic Websites. This notice describes our privacy and cookie policy (“Privacy Policy”), which covers the Personal Data that we collect on the Site.

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy. If we do, we will notify you by posting the amended policy on our Websites and, if we are authorized to send you email, notifying you of the nature of the modifications along with a link to the modified document so that you can review it.

In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

This policy (together with our terms of use and any other documents referred to on it) sets out:

 

  • Personal Data We Collect and Use
  • Legal Basis
  • Cookies and Similar Technologies
  • PI of Minors
  • Sharing of Personal Data
  • Facilitating International Transfers
  • Information Security and Retention
  • Your Rights
  • Do Not Track
  • Complaint and How To Contact Us
  • Updates

Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.

Personal Data We Collect and UseYour Account

You can create an account with Turbonomic. Creating an account provides Turbonomic with your name, email address, and country or region of residence. We may require an account for certain services, such as the use of a Turbonomic product demo. We may also store your details from business contact information that you provide to us, or that we collect from your organization, our Business Partners, or our suppliers.

 

Business contact information is typically information that you would find on a business card, such as name and business contact details. We use this information to contact or communicate with you about business matters. If we receive business contact information from a third party, such as a Business Partner or supplier, we will confirm that the information was shared appropriately.

 

We may also combine your business contact information with other business-relevant information, such as information about your professional education, skills, work experience, or other publicly available information, such as business-related blogs, publications, job roles, and certifications. This information may be used to tailor our interactions with you in any part of Turbonomic’s business, for example in the sales process, to maintain a relationship with you, and for post-contractual relationships.

 

Turbonomic Websites

Our Websites offer ways to communicate with you about us, our products, and services. The information that we collect on Websites is used to provide you with access to the Websites, to operate the website, to improve your experience, and to personalize the way that information is provided to you. If you visit our Websites without logging in with an account, we may still collect information that is connected to your website visit.

 

For more information on the technologies that we use to collect website information, and setting your preferences, see Cookies and Similar Technologies.

 

We collect information about your use of our Websites, such as:

·         the webpages you view,

·         the amount of time you spend on pages,

·         the website URL that referred you to our pages,

·         your geographic information derived from your IP address,

·         and any hyperlinks or advertisements you select.

We use this information to improve and personalize your experience with our Websites, provide you with content that you may be interested in, create marketing insights, and to improve our Websites, online services, and related technologies.

 

We also collect the information that your browser or device automatically sends, such as:

·         your browser type and IP address,

·         operating system, device type, and version information,

·         language settings,

·         crash logs,

·         account information (if signed in),

·         and passwords.

We use this information to provide you with access to our webpages, improve the webpage view on your device and browser, adapt to your settings and language, and adapt content for relevancy or any legal requirements for your country. We also use this information to comply with system and network security requirements, and to provide support.

 

Marketing

We use contact information that we collect directly from you, your organization, or third-party data providers, to communicate with you about our products, services, and offerings. We may, subject to your preferences, collect information about your interactions with our Websites, our emails (such as whether emails are opened or links selected), and other Turbonomic content, including content on third-party sites. For more information on the technologies that we use to collect this information, and setting your preferences, see Cookies and Similar Technologies.

 

We may also use this information to personalize your experience with our content and advertisements, and to develop internal marketing and business intelligence. For example, we may:

·         Aggregate the information that is collected about website visitors for the purposes of developing and modeling marketing audiences

·         Leverage insights from the information collected to personalize content and advertisements across multiple interactions and devices

 

You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by contacting us at contact@turbonomic.com. To review or set your preferences regarding the information that we collect about you on our Websites, select Cookie Preferences in the website footer.

 

Contractual Relationships

A contractual relationship is created with you order a trial, or a product or service from us. While we mainly provide our products and services to businesses, individuals may also enter into an agreement with us directly as a client. We may collect any information that is reasonably necessary to prepare for, enter, and fulfill, the contractual agreement.

 

The information collected in a contractual relationship may include the business contact information of the requester, account information, and the order details. Information that is required for shipment and payment, for the implementation of services, or to grant access to the product or service may also be collected.

 

This information may be collected for various purposes, depending on the nature of the products or services, for example, for contractual management and compliance, to provide support, for the improvement or development of our products and services, and to generate technical and market insights.

 

Support Services

When you contact us to request support, we collect your contact information, problem description, and possible resolutions. We record the information that is provided to handle the support query, for administrative purposes, to foster our relationship with you, for staff training, and for quality assurance purposes.

 

Protecting You and Turbonomic

We may collect and use information to protect you and Turbonomic from IT security threats and to secure the information that we hold from unauthorized access, disclosure, alteration, or destruction. This includes information from our IT access authorization systems, such as log-in information.

 

Conducting our Business Operations

We collect and use information from our business systems, which may include Personal Data, to:

·         protect or enforce our rights, including to detect fraud or other criminal activities (for example, by using information in payment systems)

·         handle and resolve disputes

·         answer complaints and defend in legal proceedings

·         and comply with legal obligations in the countries where we do business

Legal BasisIn some jurisdictions, the lawful handling of Personal Data is subject to a justification, sometimes referred to as legal basis. The legal bases that we rely on for the lawful handling of your Personal Data vary depending on the purpose and applicable law. The different legal bases that we use are:

 

Necessary for the performance of a contract with you

We rely on this legal basis when we need to process certain Personal Data, such as your contact details, payment details, and shipment details, to perform our obligations or to manage our contractual relationship with you. Examples:

·         If you intend to purchase a product or service, we require your business contact information to enter into a contract with you or you may need to create an account to access a purchased product online.

·         When fulfilling a contract, you may need to receive support services, for which we will need to collect your contact information.

 

Necessary for the purposes of Turbonomic’s or a third party’s legitimate interest

Legitimate interests relate to being able to conduct and organize business, which includes the marketing of our offerings, protecting our legal interests, securing our IT environment, or meeting client requirements. Examples:

·         We capture your use of, and interaction with our Websites to improve them.

·         We process your account information to manage access authorization of our services.

·         Where we have a contractual relationship with the organization that you are working for, we have a legitimate interest to process your Personal Data used to manage this contract.

·         We process your business contact information in combination with other business-relevant information to tailor our interactions with you and promote our products and services.

·         We have to keep our general business operations functional. To this end we may, for example, processes the login information of our IT systems and networks, or CCTV footage at Turbonomic locations for security and safety purposes.

 

We may also process Personal Data where it is necessary to defend our rights in judicial, administrative, or arbitral proceedings. This also falls under the legal basis of legitimate interest in countries where they are not a separate legal basis.

 

Consent

The processing is based on your consent where we request this. Example:

·         the optional use of Cookies and Similar Technologies or email of Marketing materials.

 

Legal obligation

Where we need to process certain Personal Data based on our legal obligation. Example:

·         We may be obliged to ask for a government-issued ID for certain transactions, such as for a financing transaction (see Contractual Relationship).

Cookies and Similar TechnologiesCookies and Similar Technologies

When you visit our Websites or view our content on certain third-party websites, we collect information regarding your connection by using various online tracking technologies, such as cookies, web beacons, Local Storage, or HTML5. Information that is collected with these technologies may be necessary to operate the website or service, to improve performance, to help us understand how our online services are used, or to determine the interests of our users. We use advertising partners to provide and assist in the use of such technologies on Turbonomic Websites.

A cookie is a piece of data that a website may send to your browser, which may be stored on your computer and can be used to identify your computer. Web beacons, including pixels and tags, are technologies that are used to track a user visiting a web page or if a web page was copied to another website. Web beacons may be used in email messages or newsletters to determine whether messages are read, forwarded, or links selected. Local Shared Objects can store content information displayed on the webpage visited, and preferences. These may be used to provide connected features across our Websites or display targeted advertising on other Websites based on your interests.

Session cookies can be used to track your progression from page to page so that you are not asked for information that you have already provided during the current session, or information that is needed to be able to complete a transaction. Session cookies are erased when the web browser is closed. Persistent cookies store user preferences for successive visits to a website, such as recording your choice of language and country location. Persistent cookies erase their data within 12 months.

You can use our Cookie Manager to learn more about the online tracking technologies we use and to review or set your preferences regarding the information that we collect about you on our Websites. Our Cookie Manager is either presented as a notification window when you first visit a webpage or opened by selecting Cookie Preferences in the website footer. Our Cookie Manager does not address all types of tracking technologies (for example, web beacons). When using mobile apps, use the options on your mobile device to manage settings.

Blocking, disabling, or rejecting cookies may cause services to not function properly. Disabling cookies does not disable other online tracking technologies, but prevents the other technologies from accessing any details stored in cookies.

Our Websites offer the possibility to use third-party social media options.  If you elect to use these options, these third-party sites may log information about you, such as your IP address, access time, and referring website URLs. If you are logged in to those social media sites, they may also link collected information with your profile information. We accept no responsibility for the privacy practices of these third-party services and encourage you to review their privacy policies for more information.

For information on cookies and how to remove these technologies by using browser settings, see https://www.allaboutcookies.org/.

PI of MinorsChildren

Unless otherwise indicated, our Websites, products, and services are not intended for use by children under the age of 16.

Sharing of Personal DataSharing Personal Data

We may share your Personal Data internally and externally with suppliers, advisors, or Business Partners for legitimate business purposes, and only on a need-to-know basis. This section describes how we share information and how we facilitate that sharing.

 

How We Share Personal Data

When sharing Personal Data, we implement appropriate checks and controls to confirm that the information can be shared.

 

If we decide to sell, buy, merge, or otherwise reorganize businesses in some countries, such a transaction may involve disclosing some Personal Data to prospective or actual business purchasers, or the collection of Personal Data from those selling such businesses.

 

Internally, Personal Data is shared for our legitimate business purposes, such as managing our relationship with you and other external parties, compliance programs, or systems and networks security. We do this to improve efficiency, for cost savings, and internal collaboration between our subsidiaries. Our internal access to Personal Data is restricted and granted only on a need-to-know basis. Sharing of this information is subject to the appropriate intracompany arrangements, our policies, and security standards.

 

Externally,

·         our business with suppliers may include the collection, use, analysis, or other types of processing of Personal Data on our behalf

·         our business model includes cooperation with independent Business Partners for marketing, selling, and the provision of products and services. Where appropriate, we share business contact information with selected Business Partners

·         we may share Personal Data with professional advisors, including lawyers, auditors, and insurance companies to receive their services

·         we may share contractual relationship information with others, for instance, our Business Partners, financial institutions, shipping companies, postal, or government authorities, such as the customs authorities that are involved in fulfillment

In certain circumstances, Personal Data may be subject to disclosure to government agencies in accordance with judicial proceedings, court orders, or legal processes. We may also share Personal Data to protect the rights of Turbonomic or others when Turbonomic believes that such rights may be affected, for example to prevent fraud.

Facilitating International TransfersYour information may be transferred to or accessed by Turbonomic affiliates, subsidiaries and third parties around the world. Turbonomic complies with laws on the transfer of Personal Data between countries to keep your Personal Data protected, wherever it may be.

We have implemented various safeguards including Standard Contractual Clauses (SCCs), such as those approved by the EU Commission and accepted in several other countries. You can request a copy of the EU Standard Contractual Clauses (EU SCCs) by contacting us at legal@turbonomic.com.

Information Security and RetentionInformation Security

To protect your Personal Data from unauthorized access, use, and disclosure, we implement reasonable physical, administrative, and technical safeguards. These safeguards include role-based access controls and encryption to keep Personal Data private while in transit. When needed, we also require our Business Partners, suppliers, and third parties to implement suitable safeguards, such as contract terms and access restrictions, to protect information from unauthorized access, use, and disclosure.

 

Retention

We only retain Personal Data as long as necessary to fulfill the purposes for which it is processed, or to comply with legal and regulatory retention requirements. Legal and regulatory retention requirements may include retaining information for:

·         audit and accounting purposes,

·         statutory retention terms,

·         the handling of disputes,

·         and the establishment, exercise, or defense of legal claims in the countries where we do business.

Your RightsYou have certain rights when it comes to the handling of your Personal Data. You can contact legal@turbonomic.com to:

·         request access to the Personal Data that we have on you, or have it updated. Depending on the applicable law, you may have additional rights concerning your Personal Data.

·         ask questions related to this Privacy Policy and privacy practices. Your message is forwarded to the appropriate member of the data privacy team.

·         submit a complaint if you are not satisfied with how Turbonomic is processing your Personal Data.

 

More information on certain rights that may apply to you and how to exercise them:

 

California Consumer Privacy Act of 2018 (CCPA - US):

 

If you are a California resident, you have rights under the California Consumer Privacy Act of 2018 (CCPA). The information below provides instructions on how to exercise the rights granted by the CCPA. There may be cases where we present you with an additional privacy notice that includes information specific to an activity or offering.

 

Know your Personal Data

 

You can request specific pieces of Personal Data, or information about the categories of Personal Data that Turbonomic holds about you by submitting a request to legal@turbonomic.com or by calling (toll free) 1-800-IBM-4YOU (1-800-426-4968).

 

Request Deletion of your Personal Data

 

You can request the deletion of the Personal Data that Turbonomic holds about you by submitting a request to legal@turbonomic.com or by calling (toll free) 1-800-IBM-4YOU (1-800-426-4968).

 

Opt-Out of the Sale of Personal Data

 

When you use Turbonomic Websites, our authorized advertising partners may collect cookies and similar technologies and use this data for their own purposes. This activity may qualify as a “sale” under the CCPA. You can make choices to allow or prevent such uses. To opt-out of Turbonomic making information relating to cookies, and similar technologies, available to third parties for their own purposes, click 'Cookie Preferences' in the website footer

 

If you are accessing our Websites while located outside of California, you can opt-out by going to "Cookie preferences" in the footer and setting your cookie preferences to "Required".

 

Non-Discrimination

 

If you choose to exercise any of these rights, we will not deny goods or services to you or provide different quality of services.

 

Authorized Agent

 

You may use an authorized agent to submit a request about your Personal Data via legal@turbonomic.com. To use an authorized agent, you must provide the agent with written authorization. In addition, you may be required to verify your own identity with Turbonomic.

 

General Data Protection Regulation (European Economic Area and United Kingdom)

 

If the processing of your Personal Data is subject to the EU General Data Protection Regulation ("GDPR") or UK General Data Protection Regulation (“UK GDPR”), and your Personal Data is processed based on legitimate interests, you have the right to object to the processing on grounds relating to your specific situation. Under GDPR and UK GDPR you may also have the right to request to have your Personal Data deleted or restricted, ask for portability of your Personal Data, and not be subject to a decision based solely on automated processing. Where the processing of your Personal Data is based on consent, you have the right to withdraw this consent at any time. This does not affect the lawfulness of the processing based on consent before your withdrawal.

 

Do Not TrackThe Turbonomic Websites currently do not respond to “Do Not Track” (DNT) signals, and operate as described in this Privacy Policy whether or not a DNT signal is received.
Complaints and How to Contact UsIf you have any questions, comments, or concerns about this Privacy Policy or our information practices, please email us at legal@turbonomic.com.

 

Where IBM Corp. or a subsidiary it controls is required to appoint a legal representative, the following representatives have been appointed.

 

European Economic Area (EEA)

IBM International Group B.V.,

Johan Huizingalaan 765,

1066 VH Amsterdam,

The Netherlands

 

United Kingdom (UK)

IBM United Kingdom Limited,

PO Box 41, North Harbour,

Portsmouth,

Hampshire, PO6 3AU,

United Kingdom

 

In compliance with the Data Protection Principles under GDPR, we are committed to resolving complaints about your privacy and our collection or use of your Personal Data. You may also have the right to complain to the competent supervisory authority. Contact details of Data Protection Authorities in the European Economic Area can be found here, and in the UK here.

UpdatesChanges to this Privacy Policy

This Privacy Policy may be updated from time to time and the effective date is revised. If a material change is made to the Privacy Policy, a notice is posted on the updated Privacy Policy for 30 days. By continuing to use Turbonomic Websites and services after a revision takes effect, it is considered that users have read and understand the changes.