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Last updated August 2020 Introduction Guardian Digital Inc. is committed to protecting your privacy. This statement details the steps we take to protect your personal information when you visit our website, mobile applications or various other sites hosted by our service providers on our behalf (collectively the “Sites”). It describes the personal information that we collect, the purposes for which we use such information, and your choices regarding our use of it. The steps we take to protect your personal information and how you can review and correct your personal information are also covered here. By accessing our Sites, you are consenting to the information collection and use practices described in this policy. Information Collected Information collected directly from you. Generally, you can visit Guardian Digital Sites without entering any personal information. On certain pages, we may ask you for personal information to provide a service or carry out a transaction that you have requested. The personal information we collect may include: Contact details, such as your name, title, company/organization name, email address, telephone and fax numbers, and physical address; Information about your company and job function; Your email marketing preference; Financial information (including credit card or account information); Information such as your nationality and country of residence that allows us to determine your eligibility under export control regulations to receive information about certain technologies; Information used to customize and facilitate your use of our Sites, including login and technical information; Inquiries about and orders for our products and services; Information that assists us in identifying the products and services that best meet your requirements; Event registration information; and Feedback from you about our Sites and our products and services generally. If you make an application for a position with Guardian Digital, or if you are a current employee of Guardian Digital, we may collect the following information from you through our online portal: Resume or CV, cover letter, previous work experience, educational background, type of employment sought, date available, employee referral, desired salary, travel preferences, information about your performance and career developments; Identification, such as your passport number, expatriate status, government identification numbers (e.g. Social Security Number) where permitted, immigration status, nationality, and, where permitted, information concerning your heritage and ethnicity (for diversity monitoring purposes); Bank account and payment details, compensation, and information about your health and sickness leave, work expenses, employee benefits and use of company resources, and your signature; Photographs and personal details you provide in a profile; and Any other information you submit to us, including any correspondences you may have with us. You are not required to provide any of this information, but if you do not, we may not be able to provide you the requested service or complete your transaction. Information collected automatically. We collect information about your visit to our Sites, including what pages you view, the date and time you access the site, the number of bytes transferred, links you click, the materials you access, and other actions taken within Guardian Digital' Sites. On Sites that you enter with a user ID, we may connect this information with your identity to determine your potential interests in our products and services. We also collect certain standard information that your browser sends to every Site you visit, such as your Internet Protocol (IP) address, your browser type and capabilities and language, your operating system, and the website from which you linked to our Site. Information from other sources We may obtain information about you from other sources, such as where your employer supplies your contact details though our customer portal. If you make an application for employment with us or accept employment with us, we may obtain information from third parties, including, to the extent permitted by applicable law, recruiters, employment research firms, identity verification services, the references you provide to us, websites and other publicly accessible information on the Internet. We may also receive information you submit to us through third-party websites, including through LinkedIn, and other publicly available sources. Where permitted by local law and with your consent, we may request background or credit checks from public authorities or financial institutions to evaluate your eligibility for employment or certain Guardian Digital positions or projects, as well as your medical information if required to evaluate your eligibility for employment benefits. Use of information Services and transactions. We use your personal information to deliver services or carry out transactions you have requested, such as providing information on Guardian Digital products, registering purchased products, processing product orders, handling warranty claims, providing product manuals, answering customer service requests, receiving Guardian Digital purchase orders and managing supplier information, facilitating use of our Sites, and so forth. In order to offer you a more consistent experience in your interactions with Guardian Digital, information collected by our Sites may be combined with information we collect by other means. Website improvement. We may use your personal information to improve our Sites and related Guardian Digital products and services, or to make our Sites easier to use by eliminating the need for you to repeatedly enter the same information or by customizing our Sites to your particular preferences or interests. Employment applications. We ask you for personal information in connection with a job application or inquiry, such as information about yourself, a resume or curriculum vitae. We may use this information throughout Guardian Digital and its controlled subsidiaries and affiliates for the purpose of employment consideration. We will keep the information for future consideration unless you direct us not to do so. If you accept a position with Guardian Digital, we will retain this information as part of the employment relationship. Employee portal. If you are a Guardian Digital employee or contractor, we may offer portals or other pages on the Site to serve as a central resource for human resources functions and other functions related to the employment relationship. We may use your personal information to manage your rights, benefits, insurance plans, pensions, absences, compensation, training, leadership development, travel and other employment functions. We may also use your personal information, where permitted, for diversity monitoring, ethics and other compliance requirements. You may have the option to create an employee profile which is included in company directories and allows you to communicate and share information with other Guardian Digital employees and contractors. Sharing of information Disclosure of your personal information. Except as described below, personal information you provide to Guardian Digital through our Sites will not be shared outside of Guardian Digital and its controlled subsidiaries and affiliates without your permission. Disclosure to service providers. Guardian Digital contracts with other companies to provide services on our behalf, such as hosting Sites, sending out information, processing transactions, and analyzing our Sites. We provide these companies with only those elements of your personal information they need to deliver those services. These companies and their employees are prohibited from using that personal information for any other purpose. Disclosure to distributors. In responding to a request made by you, we may share your personal information with companies that distribute our products or services. In those cases, we provide these companies with only those elements of your personal information they need to respond to your request, and these companies and their employees are prohibited from using that personal information for any other purpose. In some cases, we may seek your permission to share your information with distributors for marketing purposes other than responding to a request from you. However, we will not share your information for such marketing purposes unless we have obtained your express consent to do so. Disclosure in connection with transactions. In connection with certain transactions, we may disclose some or all of your personal information to financial institutions, government entities, and shipping companies or postal services involved in fulfillment. Disclosure in connection with acquisitions or divestitures. Circumstances may arise where for strategic or other business reasons Guardian Digital decides to sell, buy or otherwise reorganize businesses in some countries. Such a transaction may involve disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. It is Guardian Digital practice to seek appropriate protection for information in these types of transactions. Disclosure for other reasons. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on us, to protect and defend our rights or property, or in urgent circumstances to protect the personal safety of any individual. Security Guardian Digital is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited. For Sites to which you log in, it is your responsibility to ensure the security of your password and not to reveal this information to others. When you move around a site to which you have logged in, or from one site to another that uses the same login mechanism, we verify your identity by means of an encrypted cookie placed on your machine. Your choices and rights In some cases, you can review and correct personal information you provide through our Sites by going to the page on which you provided the information. In all cases, you can make a request to review and correct your personal information collected via our public-facing Sites or ask Guardian Digital to stop using it visiting our Site at /, clicking on "Contact Us" and completing the online form. We may take steps to verify your identity before providing you access to your personal information. You can help us to maintain the accuracy of your information by notifying us of any change to your mailing address, phone number, or email address. If you provided personal information to us as part of an application for a position with Guardian Digital or as part of your employment relationship with us and you have any questions about our information handling practices, please contact our Human Resources at This email address is being protected from spambots. You need JavaScript enabled to view it. or your local Human Resources Manager. For residents of California Through our site and partners, we receive data that you actively submit, as well as data that we track when you request information, or otherwise actively send us data. We usually collect data such as your name, email address, business address, telephone number, and other information related to the business you represent. Guardian Digital adheres to rights of data subjects set out by CCPA. Residents of California upon verification have the right to: The right to know which personal information is being collected The right to know if personal data is being sold or shared, and to whom The right to object to the sale of personal data The right to access one's own personal information The right to equal service and price, even for consumers who exercise their privacy rights We may deny your deletion request if retaining the information is necessary for us or our service providers to: Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. Debug products to identify and repair errors that impair existing intended functionality. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. Comply with a legal obligation. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. To exercise these rights listed above, you can contact us by: Calling 201-962-7300 Email us at pThis email address is being protected from spambots. You need JavaScript enabled to view it. Mail us at: Guardian Digital, Inc.Attn: Data Controller103 Godwin AveSuite 314Midland Park, NJ 07432 Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. For residents of the European Union If you reside in the European Union, you may have the right to ask Guardian Digital for a copy of your personal information; or to correct, delete or restrict processing of your personal information; or to receive a copy of your personal information in a structured, machine readable format. In addition, you can object to the processing of your personal information in some circumstances and, where we have asked for your consent, you may withdraw it at any time. These rights may be limited, for example if fulfilling your request would reveal personal information about another person, if we have compelling legitimate interests, or if you ask us to delete information which we are required by law to keep. We will retain your personal information only for as long as we need it for a legitimate interest, to fulfill your employment contract or perform a service at your request, or to meet a legal requirement, after which we will take steps to delete your personal information or hold it in a form that no longer identifies you. You may request to fulfill any of these rights by completing our online form (see above instructions for access to the “Contact Us” link). If your request relates to information you provided as part of an application to or employment with Guardian Digital, please contact our Employee Service Center at This email address is being protected from spambots. You need JavaScript enabled to view it. or your local Human Resources Manager. If you have unresolved concerns, you have the right to complain to a data protection authority. The data controllers for your personal data are the Guardian Digital office to which you have made an application, the Guardian Digital office that employs you, as well as Guardian Digital, Inc. International transfers of personal information Personal information collected on our Websites may be stored and processed in the United States or any other country in which Guardian Digital or its affiliates, subsidiaries or agents maintain facilities. If you are using our Sites to make an application to Guardian Digital or as part of your employment relationship with us, your information may be shared for legitimate business needs to our offices in other countries that may not have the same data protection standards as those in your country of residence. If you reside in a country that regulates such transfers, we take steps to adequately address the relevant requirements. For further information, you may contact us as described in the Your choices and rights section above. Links to other sites Our Sites may contain links to other sites such as professional and government organizations. We also link to third-party providers that host, maintain and operate on-line training or services. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites. Enforcement of this privacy statement If you have questions regarding this statement or our handling of your personal information, please contact us. We will promptly address your concern and strive to reach a satisfactory resolution. Changes to this privacy statement Guardian Digital may occasionally update this privacy statement. If we do, we will revise the "last updated" date at the top and bottom of the privacy statement.
Last updated October 2017 Overview The following are the terms of an agreement between you and Guardian Digital Corporation ("Guardian Digital"). By accessing, or using this website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this website. Guardian Digital may, without notice to you, at any time, revise these Terms of Use and any other information contained in this website. Guardian Digital may also make improvements or changes in the products, services, or other content displayed in this website at any time without notice. Rights to Content The pages and content on this website are subject to protection under applicable copyright and trademark laws, and all copyright information, trademarks and logos must remain intact. Guardian Digital grants you a non-exclusive, limited permission to access and display the pages on this website as a current or potential customer, vendor, or business partner of Guardian Digital, or for non-commercial research purposes, provided you comply with these Terms of Use. All other use of this website is prohibited. Except for the limited permission in the preceding paragraph, Guardian Digital does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror or frame any of the content from this site on another website or in any other media. Any software, services and other materials that are made available for downloading, access, or other use from this website with their own license or usage terms will be governed by such terms, conditions, and notices, including applicable export and re-export laws and regulations. Your failure to comply with such terms or any of the terms on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control. You may not use, reproduce, or distribute any of the copyrighted material, trademarks, logos, graphics, sounds, videos, images, or other proprietary content on this website without the express written permission of Guardian Digital. For further information, refer to the sections on this website concerning our Copyright Policy, Trademark Usage Guidelines, and Virtual Patent Markings. Disclaimer of Errors From time to time, this website may contain technical inaccuracies or other content errors, and Guardian Digital does not warrant the accuracy of any posted information. To mitigate the risk of error, you should use only the most up-to-date web pages, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this website. Guardian Digital is not responsible for the accuracy of content on any areas of the website where users may post or transmit information including bulletin boards, chat rooms, user forums, blogs, or advice columns. You are prohibited from posting any libelous, obscene, defamatory, pornographic or other content that would violate any laws. If any term in these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties' rights under these Terms of Use. Confidential Information and Privacy With the exception of credit card information for the purchase of products or services, Guardian Digital does not want to receive confidential or proprietary information from you through our website. Other than credit card information, any information or material sent to Guardian Digital will be deemed NOT CONFIDENTIAL. By sending Guardian Digital any information or material, you hereby grant Guardian Digital an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Guardian Digital is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Personally-identifiable information that you submit to Guardian Digital for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the Privacy section on this website for information regarding Guardian Digital's privacy policies. Linking to this Website Guardian Digital consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Guardian Digital; (c) imply that Guardian Digital approves or endorses you, your website, or your service or product offerings; (d) present false or misleading information about Guardian Digital or its products or services; or (e) present false or misleading impressions about Guardian Digital or otherwise damage the goodwill associated with the Guardian Digital name or trademarks. As a further condition to being permitted to link to this website, you agree that Guardian Digital may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease any previously-authorized related use of Guardian Digital trademarks. Third-Party Websites Guardian Digital's site provides links to third-party websites, which are not under the control of Guardian Digital. Guardian Digital makes no representations in regard to third-party websites. When you access a non-Guardian Digital website, you do so at your own risk. Guardian Digital is not responsible for the reliability of any data, opinions, advice, or statements made on third-party websites. Guardian Digital provides these links merely as a convenience. The inclusion of such links does not imply that Guardian Digital endorses, recommends, or accepts any responsibility for the content of such sites. References to third-party products and services are for informational purposes only. Product Availability This website may contain references or cross-references to Guardian Digital products, services, or programs that are not announced or available in your country or region. These references do not imply that Guardian Digital intends to announce or make available such products, services, or programs in your country or region. Consult with your local Guardian Digital business contact for information regarding the products, services, and programs that may be available to you. Business Relationships This website may provide links or references to non-Guardian Digital-controlled websites and resources. Guardian Digital makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Guardian Digital-controlled websites or third-party resources that may be referenced, accessible from, or linked to this website. In addition, Guardian Digital is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Guardian Digital website. When you access a non-Guardian Digital-controlled website, even one that may contain the Guardian Digital logo, please understand that it is independent from Guardian Digital, and that Guardian Digital does not control the content. We advise you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information. Export Control Software downloaded from this website is subject to applicable export laws and regulations, including, but not limited to, the U.S. Export Administration Regulations. The export or reexport of software in violation of the foregoing laws and regulations is strictly prohibited. By downloading, purchasing or using any software from this website, you acknowledge that you have read and understood this notice and agree to comply with all applicable export laws and regulations as further detailed in the applicable license agreement. DISCLAIMER OF WARRANTY USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. GUARDIAN DIGITAL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, GUARDIAN DIGITAL MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GUARDIAN DIGITAL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR DOCUMENTS REFERENCED BY OR LINKED TO THIS SITE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUARDIAN DIGITAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF GUARDIAN DIGITAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
