VMware Privacy Policy - Protection of Personal Information (2023)

contents

    PART I: What information we collect and how we collect it

    "Personal information"is information that identifies or relates to an identifiable person. VMware and third parties collect personal data and other information from a variety of sources, which generally fall into the following categories:

    • Information you provide to us through your interactions with us and your use of the Properties
    • Information we automatically collect from you in connection with your use of Online Properties (see the VMware Products and Services Notice for information we automatically collect in connection with the Services).
    • Information from Third Party Sources and Affiliates

    We may combine information from these different sources for the purposes set out in this Privacy Policy.

    We collect personal information when you voluntarily provide it to us (including our service providers or other parties who collect it on our behalf). For example, we collect personal information when you order, register for (or use) or request information about a VMware product, service or app, subscribe to marketing communications, request support, participate in surveys, provide product feedback or sign up for one VMware event or webinar. We may also collect personal information from you offline, e.g. B. when you attend one of our events, during telephone conversations with sales representatives or when you contact customer service.

    The Personal Information we collect may include contact information (such as name, address, phone number, or email address), professional information (such as your employer's name, address, job title, department, or position), user IDs and passwords, and photographs for security purposes and contact preferences. We also collect information that you voluntarily provide to us when you request information or fill in free text fields on our forms (e.g. for event registration, product feedback or survey requests) or the nature of your request or communication. In addition, we may collect Personal Information that you disclose on message boards, chat features, blogs and other services or platforms where you may post information and materials (including third-party services and platforms). We may also record our telephone or other communications with you, to the extent permitted by applicable law.

    When you shop at VMware, we may also collect billing and transaction information.

    VMware collects information from the use of technologies such as cookies, pixel tags, widgets, embedded URLs, electronic communication protocols, buttons and tools in connection with its online properties. The types of technology used by VMware may change over time as technology advances. This privacy policy and oursCookie noticeProviding information about our use of cookies and other similar tracking technologies.

    Online Features:
    We automatically collect certain information when you use, access, or interact with our online properties, including our online advertisements or marketing communications. This information does not necessarily reveal your identity directly but may include unique identification numbers and other information about the specific device you are using, such as: B. Hardware model, operating system version, web browser software (such as Firefox, Safari or Internet Explorer), your Internet Protocol (IP) address/MAC address/device identifier, device event information (e.g. crashes, system activity and hardware settings, browser language , date and time of your request and referrer URL), general geographic location (e.g. country or city level location) and other technical data that uniquely identifies your browser. We may also collect information about how your device has interacted with our online properties, such as B. the pages accessed and other statistical information.

    VMware Services:
    In connection with your company's provision of certain Services, VMware may automatically collect information related to your use of the Services. For more information about the types of information collected and used in connection with VMware's provision of the Services, see the VMware Products and Services Notice.

    If you are an individual user of VMware Services and need more information about our data collection practices for services provided by your organization, please contact your IT administrator.

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    From time to time, we may receive information about you from third party sources, unless prohibited by applicable law, such as B. public databases, resellers and distributors, marketing partners, social media platforms, organizers or other publicly available information.

    Examples of information we may receive from other sources are: name, address, phone number, office location, approximate location (based on reverse IP lookup), account information, job function and publicly available employment profile, service and support information, information about your Product or service interests or preferences, browsing habits, page view information from some business partners with whom we operate co-branded services or joint offerings, and credit history information from credit reference agencies. We may use this information in conjunction with your contact information, professional information and VMware transaction history for the purposes set out in this privacy statement, such as B. to improve the accuracy of our records, to better understand you and your preferences, and to provide information relevant to marketing and support, and fraud detection and prevention.

    PART II: How we use your information

    VMware uses the Personal Information collected for the following purposes (unless otherwise restricted by applicable law). For information about how VMware shares personal information, see Part III.

    Communicating, responding to requests and conducting/processing transactions:: VMware may use personal information to communicate with you, respond to your inquiries, or provide information you request. VMware may also use personally identifiable information, including financial, credit card, and payment information, to process your transactions.

    Facilitating the provision of the Service and account management:VMware may use Personal Information to provide you with the Services, to administer your account, and to communicate with you about your use of our Services. This may include managing product downloads, updates and fixes, providing support and recommendations, and sending other administrative or account-related communications, including release notes. VMware also uses Personal Data to facilitate the provision of the Services, and this may include tracking entitlements, verifying compliance, controlling access to the Service, and maintaining the security and operational integrity of the VMware IT infrastructure and our Services include. For details of the information VMware collects in connection with your use of the Services and operation of the Service, see the VMware Products and Services Notice.

    Facilitate and value the use of online property:VMware may use Personal Information to provide you with the Online Properties, to facilitate your use of the Online Properties (e.g., to facilitate navigation and the login process, to preserve information between sessions, and to enhance security), to improve quality, Personalize and determine to evaluate response rates of pages and content.

    Improve our properties:VMware uses Personal Information and other information VMware collects from you to better understand our customers, users and website visitors and how they use and interact with the Properties, including their user experience. VMware uses this information to provide a personalized experience, implement settings you request, improve quality and reliability, diagnose and improve problems with features and related user experiences, and make recommendations.

    Improving the accuracy of our records:We may use the personal information we receive from you or third parties to better understand you and/or to maintain and improve the accuracy of the records we keep about you.

    Offer help:VMware uses personal information and other information VMware collects from you, in combination with other information we may have, to provide you with support related to our properties.

    Post testimonials:VMware may use Personal Information to post testimonials on its online properties. Before posting a testimonial, we will seek your consent to use your name and testimonial. You can request that your testimonial be updated or deleted at any time by submitting a request with your name, the location of the testimonial, and your contact information.

    Marketing:VMware uses information it receives from you, your interactions with VMware over time and across properties, and third-party sources to provide you with marketing and promotional communications, to provide you with targeted and relevant advertising and marketing, to improve the effectiveness of to determine our marketing and advertising campaigns, to better understand you and your preferences, and to position and promote our products and services. Our marketing will be conducted in accordance with your advertising/marketing preferences and as permitted by applicable law.

    Security:VMware may use personal information to monitor, prevent and detect fraud, enhance security, monitor and verify identity or access, and combat spam or other malware or security risks.

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    Quality control and training:VMware may use or access Personal Information for quality control purposes related to ownership and employee training.

    Third party social networks:VMware may use Personal Information to interact with you on third-party social networks (subject to that network's terms of service).

    Conferences and events:VMware and our partners may use personal information to communicate with you about our events or our partner events. After the event, VMware may contact you regarding the event and related products and services and share information about your attendance with your company and our conference sponsors and partners, where permitted by law. If a partner or conference sponsor directly requests your personal information at their conference booths or presentations, your personal information will be treated in accordance with their privacy practices. We encourage you to review the privacy practices of these partners and sponsors.

    Provision of online communities and blogs:We may use personal information and other information that you disclose on our message boards, chat features, blogs, and other services or platforms where you may post information and materials to provide you and our customers with a forum to discuss VMware provide features, respond to your request, provide support, improve our features or for any other purpose set out in this Privacy Policy. Any information disclosed in these forums becomes public information and may therefore appear public, e.g. B. via search engines or other publicly accessible platforms, and "crawled" or searched by third parties. They could also be read, collected or used by other users to send you unsolicited messages. Please do not post any information that you do not wish to disclose to the general public.

    Education and training:If you register for a VMware certification course or seminar, VMware will use your personal information to enable the delivery of such course or seminar. To the extent that your organization has paid for your certification course or seminar, VMware may notify your organization of the status of your course or seminar upon notification to you.

    Protect our employees and facilities:VMware may use personal information as necessary to protect the health and safety of our employees and visitors, our facilities, our property, and other rights. When you visit one of our websites, you may be photographed or videotaped to ensure the security of those websites.

    Other legitimate business purposes:We may use your personal information where it is necessary for another legitimate purpose, e.g. B. to protect VMware confidential and proprietary information.

    PART III: How We Share Your Information

    We ensure that your personal information is only accessible to those who genuinely need access to perform their jobs and responsibilities, and that it is shared with third parties who have a legitimate purpose for accessing it. We may share personal information about you with third parties in the following circumstances.

    • Service provider:We may share your information with third parties such as B. Vendors, consultants, agents and other service providers working on our behalf. Examples include vendors and service providers that provide marketing assistance, billing, credit card payment processing, data analysis and insight, hosting, technical support, and customer service. Except as described in this Privacy Policy or any of our other privacy policies, we do not share, sell, rent or trade any of your Personal Information with third parties for their own promotional purposes.
    • Business partner:We may share your information with our distribution partners, such as B. distributors and resellers, and share with other business partners to fulfill product and information requests, provide consistent support effectively, and provide customers and potential customers with information about VMware and its products and services. From time to time, VMware participates in joint sales or product promotions with selected business partners. If you purchase or express interest in a jointly offered product, promotion or service, we may share relevant personal data with these partners.
      You should note that VMware does not control the use of such information by our business partners. Our partners are responsible for managing their own use of the personal information collected in these circumstances, including providing you with information about how they use your personal information. We encourage you to read each partner's privacy policy to learn more about how they handle your personal information.
    • VMware-Partner:We may share your information with our parent companies, subsidiaries and/or affiliates. This information may be shared and used to provide services and support, make recommendations to optimize the use of products and services, provide customers and potential customers with information about the range of products and services available, and for the purposes described elsewhere in this Privacy Policy.
    • Vital Interests:We may disclose information to third parties when we believe it is necessary to protect an individual's vital interests.
    • To comply with law or applicable law enforcement, regulatory, government agency, court or third party:We may disclose information when we believe disclosure is necessary or required (i) by law or regulation to comply with legal process or governmental requests (including in response to public authorities to meet national security or law enforcement requirements); or (ii) to exercise, establish or defend our legal rights.
    • Business transfers:We may share or transfer your information in connection with, or during negotiations of, a merger, sale of corporate assets, financing, acquisition, dissolution, corporate reorganization, or similar event. We will inform each buyer that your information will only be used in accordance with this privacy policy.
    • With your consent:We may disclose your personal information for other purposes with your consent.

    PART IV: International Transmission of Information

    Personal information, including personal information collected in the European Economic Area (“EEA”), the United Kingdom or Switzerland, may be transferred to, stored in and stored in the United States and potentially other countries by us and our service providers, partners and affiliates are processed whose data protection laws may differ from the laws of your country, for example Canada, the Philippines, Singapore, India, Australia and Israel. Some of these countries are not classified as “adequate” by the European Commission. We will protect your Personal Data in accordance with this Privacy Policy, wherever it is processed, and will take appropriate contractual or other steps to protect the relevant Personal Data in accordance with applicable laws. These steps include the implementation of the European Commission's Standard Contractual Clauses for transfers of personal data from our group companies in the EEA, UK and Switzerland to our other group companies. Our Standard Contractual Clauses can be made available upon request. We have similar reasonable safeguards in place with our service providers, partners and affiliates. With respect to VMware's role as a processor of Customer Content, our Binding Corporate Rules apply to all transfers of Personal Data.

    PART V: Security and Confidentiality

    VMware maintains (and requires its service providers to comply with) reasonable organizational and technical measures to protect the security and confidentiality of any personal information we process. For example, depending on the type of information and the amount of processing, VMware uses physical access controls, encryption, Internet firewalls, intrusion detection and network monitoring. VMware employees who may have access to personally identifiable information are required to keep that information confidential. However, there is no guarantee that any security procedure or protocol will be 100% secure and as such we encourage you to exercise caution when disclosing personal information online and to use readily available tools such as Internet firewalls, anti-virus and anti-spyware software and use similar technologies to protect yourself online.

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    PART VI: Your Privacy Rights and Choices

    Right to rectification or update of your data:If you wish to correct or update personal information that you have provided to us, please log in tomyvmware.com and update your profile.

    Marketing communication:You can opt-out of receiving marketing communications from VMware by going toVMware Subscription Centerand logout. You can opt-out of receiving marketing communications from Carbon Black by going toCarbon Black preference centerand logout.

    You can also unsubscribe by clicking "unsubscribe" in any marketing email communications we send you or by filling in thisPrivacy Contact Form.

    Additional Rights for Specific Territories:If you are located in certain territories (such as the European Economic Area), you may have the right to exercise certain data protection rights that you may have under applicable law. We will process your request in accordance with applicable data protection laws. We may need to retain certain information for record-keeping purposes and/or complete transactions that you began before you requested erasure.

    • Right to refuse or withdraw consent:We may try to rely on your consent to process certain personal data. Where we do this, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
    • Right to information and/or portability:You may have the right to access the personal information we hold about you and, in certain circumstances, the right to have that information made available to you so that you can transfer or "port" that information to another provider .
    • Right to erasure:In certain circumstances, you may have the right to have personal information we hold about you erased (e.g. when it is no longer necessary for the purposes for which it was originally collected).
    • Right to object to processing:You may have the right to request that VMware stop processing your personal data and/or stop sending you marketing communications.
    • Right to rectification:You may have the right to ask us to correct inaccurate or incomplete personal data.
    • Right to restriction of processing:You may have the right to request that we restrict the processing of your personal information in certain circumstances (e.g. where you believe that the personal information we hold about you is inaccurate or is being lawfully held) .
    • Right to complain to your local data protection authority:You may have the right to lodge a complaint with your national data protection authority or equivalent supervisory authority.

    If you wish to exercise any of the rights set out above, please fill this outPrivacy Contact Formso that we can review your request under applicable law. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

    If you are a California resident, you may have additional privacy rights. For more information, see our notice Your California Privacy Rights.

    Rights and choices when VMware acts as a processor:Certain VMware services may be used by our customers to collect personal information about you. In such cases, we only process such personal data on behalf of our customers and any person wishing to exercise their rights should first direct their request to our customer (the controller).

    PART VII: Legal basis for the processing of personal data (European Economic Area)

    Our legal basis for collecting and using the personal information described above depends on the personal information concerned and the specific context in which we collect it and the purposes for which it is used.

    However, we will normally collect personal information from you only where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and does not override your data protection interests or fundamental rights and freedoms, or where we have your consent to this. In some very rare cases, we may also have a legal obligation to collect personal information from you, or otherwise need the personal information to protect your vital interests or those of another person.

    If we ask you to provide personal data in order to comply with a legal obligation or to perform a contract with you, we will make this clear at the relevant time and inform you whether the provision of your personal data is mandatory or not (and of the possible consequences if you do not provide your personal data).

    Where we collect and use your personal information in reliance on our legitimate interests (or those of a third party), we will make clear to you at the relevant time or upon request what those legitimate interests are.

    If you have any questions or require further information about the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to Contact Us” heading below.

    PART VIII: China Supplemental Privacy Notice

    This additionalPrivacy Policy for China(the "Privacy Policy for China“) represents VMware, Inc. and its group of companies, including VMware Information Technology (China) Co. Ltd. (“VMware", "we", "us" and"our") Disclosure requirements under the Data Protection Law of the People's Republic of China ("PIPL“).

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    PART IX: Other Information

    How long do we store your information:We will retain personal information we collect from you where we have a legitimate business need to do so and/or for as long as is necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required by law or permitted (such as for tax, legal, accounting, or other purposes). You can request erasure of your personal information at any time (see the “Your Privacy Rights and Choices” section for more information) and we will consider your request in accordance with applicable law.

    When we have no legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (e.g. because your personal information has been stored in backup archives), then we will keep your information securely store personal data and isolate it from any further processing until deletion is possible.

    Kinder:Our property is not directed to anyone under the age of 16. We do not knowingly collect personally identifiable information from such individuals. If you become aware that a child has provided us with personally identifiable information, please contact us by filling out this formPrivacy Contact Form. If we become aware that a child under the age of 14 has provided us with personal information, we will take steps to delete that information.

    Automated Decision Making:Of course, we do not exclusively use automated decision-making that results in automated decisions being made (including profiling) that legally affect you or significantly affect you in a similar way. Automated decisions mean that a decision about you is made automatically based on a computer determination (using software algorithms) without our human verification. If you are subject to automated decision-making, we will make this clear at that time and you have the right to contest the decision, express your point of view and request a human review of the decision.

    External links and social media features:Our Properties may provide links to, or the ability to connect to, websites, services, social networks, applications or social media features such as "Share" or "Like" buttons. Visiting these websites or clicking on these links may allow third parties to collect and use information about you. In addition, the personal data that you provide to these third parties is not covered by this privacy policy. We encourage you to read the privacy notices and terms of use of these third parties before you interact with them or provide them with your personal information to understand how your information may be collected and used. VMware does not control the privacy practices of these third parties, and we do not endorse or make any representations about these third-party websites, services, social networks, or applications.

    Do not track:Some Internet browsers - such as Internet Explorer, Firefox and Safari - offer the ability to transmit "Do Not Track" or "DNT" signals. Because there are no uniform standards for "DNT" signals, our online properties do not currently process or respond to "DNT" signals. VMware takes privacy and sensible choices seriously and will endeavor to continue to monitor developments around DNT browser technology and the implementation of a standard. To learn more about "DNT", please visit "All about Do Not Track".

    Changes to this Privacy Policy:VMware periodically reviews and updates this privacy statement in response to changing legal, technical, and business developments. If we update this Privacy Policy, we will mark the date of the last revision at the top. If we make material changes to this Privacy Policy, we will take appropriate steps to notify you in a manner that is reasonable to the meaning of the changes we made and consistent with applicable law. We encourage you to periodically review this privacy statement to be informed of how VMware is protecting your information.

    PART X: How to contact us

    If you have any questions or concerns about this privacy statement, you can write to us by filling out this formPrivacy Contact Formoder per Post an: Office of the General Counsel of VMware, Inc., 3401 Hillview Ave, Palo Alto, California, 94304, USA.

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