Last updated June 2018

Picarro Inc. (“Picarro”) operates the Picarro website and Picarro Community online forum (collectively with all content, services and products available on or through the website, the “Website”). It is Picarro’s policy to respect your privacy regarding any information we may collect while operating the Website.  This Privacy Policy is governed by our Terms of Service.

This Privacy Policy is intended to help you understand:

What information we collect about you

How we use information we collect

How we share information we collect

How we store and secure information we collect
How we transfer information we collect internationally

How to access and control your information

Other important privacy information

 

For the purposes of the General Data Protection Regulation of the European Union (the “GDPR”), Picarro is the Data Controller with respect to information collected through the Website. Picarro’s contact information can be found in the “Contact Us” section at the bottom of this Privacy Policy.

Website and Community Visitors

 

Like most website operators, Picarro collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Picarro’s purpose in collecting non-personally-identifying information is to better understand how Picarro’s visitors use the Website. We may choose to aggregate this non-personally-identifying information with your personal data for analytics and other purposes. 

Children

 

The Website is not intended for or directed to persons under the age of 16, and we will not knowingly collect information from such persons. Any person who provides information to us through registration or in any other manner on the Website represents to Picarro that they are 16 years of age or older. If we learn that a child under 16 has submitted personal data to us, we will attempt to delete the information as soon as possible.

Gathering of Personal Data

 

Certain visitors to the Website choose to interact with Picarro in ways that require Picarro to gather personal data that allows them to be individually identified.  We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

•        Identity Data includes first name, last name, username or similar identifier, professional title, and employer.

•        Contact Data includes billing address, delivery address, email address and telephone numbers.

•        Financial Data includes bank account and payment card details.

•       Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

•       Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Website.

•        Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

•        Usage Data includes information about how you use our Website, products, and services.

•        Marketing and Communications Data includes your preferences in receiving marketing from us and, where relevant, third parties acting on our behalf, and your communication preferences.

The amount and type of information that Picarro gathers depends on the nature of the interaction. For example, we ask visitors who sign up for the Picarro Community to provide a username, email address, geographic location, and other information including main area of specialty and name of employer.  Picarro may ask for payment information, including credit card information, in connection with purchases made on the Website.  All credit card information submitted through the site is processed by a third party provider on Picarro’s behalf and cannot be accessed by Picarro.  In each case, Picarro collects such information only as far as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Picarro. Picarro does not disclose personal data other than as described below.  Visitors can always refuse to supply personal data (except to the extent a user’s IP address or other Technical Data supplied by their device may constitute personal data), with the caveat that it may prevent them from engaging in certain Website-related activities. Picarro will only use your personal data, including your contact details, for marketing purposes if doing so is within the scope of our legitimate interests, you have given your explicit consent for us to do so, or we have an existing business relationship with you. Picarro will never sell, rent, or provide user information to other vendors or other companies that seek to market or sell products by using such user information.

We do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership or information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

 

Aggregated Statistics

 

Picarro may collect statistics about the behavior of visitors to our Website. For instance, Picarro may monitor the most popular content on the Website or report the most popular discussion groups in the Picarro Community. However, Picarro does not disclose personal data other than as described in this Privacy Policy.

How your Personal Data is Collected

 

We use different methods to collect data from and about you.  These include:

 

•        Direct interactions. You may give us your name, email, phone, address, and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

•        request our products or services;

•        create an account on our Website;

•        subscribe to our service or publications;

•        request that marketing materials/information be sent to you;

•        give us feedback.

•        Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see further information concerning our use of cookies that is provided below.

•        Third parties or publicly available sources. We may receive personal data about you from various third parties and publicly available sources as set out below:

•        Picarro may use targeted marketing services provided by third parties to identify businesses and institutions that may be interested in Picarro’s products and services and the individuals who work for them. If we hold information about you that we have collected through the Website, we may aggregate information received from third parties with that information.

•        Picarro may access publicly available information about you. For example, if you complete a web form on Picarro’s site or request further information from Picarro, Picarro may undertake research about you or the business or entity you work for and aggregate that information with personal data collected through the Website.

•        Technical Data from the parties identified in Exhibit A.  

 

Disclosure and Use of Certain Personal Data

 

Picarro discloses personal data to those of its employees, service providers, contractors and affiliated organizations that (i) need to know that information in order to process it on Picarro’s behalf or to provide services available on or through the Website, and (ii) that have agreed not to disclose it to others. Some of those employees, service providers, contractors and affiliated organizations may be located outside of your home country. Please see the information concerning international transfers set forth below regarding such employees, service providers, contractors and affiliated organizations.

How We Use Your Personal Data and Our Legal Basis for Doing So

 

We will only use your personal data as permissible by law.   Most commonly, we will use your personal data in the following circumstances:

•        Where we need to perform the contract we are about to enter into or have entered into with you.

•        Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override our interests.

•        Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via direct mail, email, or text message where we do not have an existing business relationship or other legitimate interest in doing so. If we do rely on consent, you have the right to withdraw consent to marketing at any time by contacting us in the manner set forth in this Privacy Policy. If we do not rely on consent, you have the right to object to our processing of your personal data in any case, again, by contacting us.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	(a)    Performance of a contract with you   (b)    Necessary for our legitimate interests (operating our business)
To process and deliver your order including: (a) Manage payments, fees and      charges (b) Collect and recover money owed      to us	(a) Identity (b) Contact (c) Financial (d) Transaction	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to      recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to      our terms or privacy policy (b) Asking you to leave a review or      take a survey (c) For after sales service, including      marketing and managing any      maintenance contracts, repairs to      or questions about our products      purchased	(a) Identity (b) Contact (c) Profile (d) Marketing and      Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal      obligation (c) Necessary for our legitimate interests (to      keep our records updated and to study      how customers use our      products/services)
To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for      running our business, provision of      administration and IT services, network      security, to prevent fraud and in the      context of a business reorganization or      group restructuring exercise) (b) Necessary to comply with a legal      obligation
To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and      Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and     Communications	Necessary for our legitimate interests (to develop our products/services and grow our business)
With your consent	All types of data	We may use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote our products/services, with your permission.

 

You can ask us to stop sending you marketing messages at any time by clicking the link at the bottom of all marketing emails or by emailing a request to Privacy@picarro.com.

Disclosures of your Personal Data

 

Picarro discloses personal data when required to do so by law, or when Picarro believes in good faith that disclosure is reasonably necessary to protect the property or rights of Picarro, third parties or the public at large. Additionally, Picarro may disclose personal data in connection with a sale or merger with another entity or if Picarro should ever file for bankruptcy or have its assets sold to another entity.

We may disclose your personal data to our employees, contractors, or third party service partners. These third party service partners are listed at the end of this document on Exhibit A. Some of these service partners use “cookies” or other tracking devices on the Website, which are software programs or other systems that collect information about your use of our services.   As described below, we will only transfer your information internationally (for example, to information technology vendors in other countries) where we believe appropriate safeguards are in place to protect your information.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. If we have an existing business relationship with you, it is within the scope of our legitimate interests to do so, or you have expressly consented to receive marketing communications from Picarro, Picarro may occasionally send you emails to tell you about new features, solicit your feedback, or keep you up to date with what’s going on with Picarro and our products. Picarro takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of personal data.

Cookies

 

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Picarro uses cookies to help Picarro identify and track visitors, their usage of the Website, their Website access preferences and to maintain extended user login sessions for a better user experience. Picarro visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Website, with the drawback that certain features of the Website may not function properly without the aid of cookies.

International Transfers

 

Our business operates principally in the United States of America and to the extent we process your data directly we will do so in the United States or within the European Union or Switzerland. If you reside in the European Union, we will only transfer your data to third parties outside of the European Economic Area ("EEA") (a) if we have first obtained your prior consent; or (b) after taking such measures as are necessary to ensure the transfer is in compliance with the requirements of the GDPR. Such measures may include (without limitation) transferring your data to a recipient in a country that the European Commission has decided provides adequate protection for personal data, to a recipient that has achieved binding corporate rules authorization in accordance with the GDPR, to a recipient in the United States that has certified its compliance with the EU-US Privacy Shield, or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission.

Data Security

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.

Data Retention

 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Without limiting the previous sentence, if we have a business relationship with you or an entity you represent, we will retain your personal data for at least the duration of that relationship. Otherwise, the length of time for which we retain information will depend on the nature of the information. Specifically:

Profile Data and Identity Data: We retain your profile data and identity data for as long as your account is active and a reasonable period thereafter in case you decide to re-activate your account. Where we retain information for service improvement and development, we only use the information to uncover collective insights about the use of our services, not to specifically analyze personal characteristics about you.

 

Information you share on the Picarro Community: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow other users to make full use of the Picarro Community. For example, we may continue to display content you provided such as posts or responses.

 

Marketing information: If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our services, such as when you last opened an email from us. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

 

Links to Third Party Sites

 

The Website may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.

 

Your Legal Rights

You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and some limitations.

 

Your Choices:

 

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, to request your information in a structured, electronic format, the right to have your personal data rectified if it is incorrect, the right to withdraw your consent to processing of your personal data (where the consent is the lawful basis for such processing) and, if the GDPR applies, the right to lodge a complaint with a supervisory authority, which may be the Data Protection Authority in the country where you reside.

 

You can exercise some of the choices by accessing the Picarro Community or the Website and using settings available within your account. Otherwise, you can contact us to exercise your rights using the contact information below.

 

You may opt out of receiving marketing communications and automated messages from us by using the unsubscribe link within each email or by contacting us to have your contact information removed from all promotional and transactional emails. However, even after you opt out from receiving promotional messages from us, you will continue to receive certain transactional messages from us regarding our products and services such as payment failure notices or account suspension notices sent via email.

 

Contact Us

 

Please email, call or write us for any requests or questions:

Privacy@picarro.com

+1 408 962 3900

Picarro, Inc.

Attn: Privacy

3105 Patrick Henry Drive

Santa Clara, CA 95054

USA

 

To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Consent and Privacy Policy Changes

 

By using our Website, you agree to this Privacy Policy. Although most changes are likely to be minor, Picarro may change its Privacy Policy from time to time. The date of the most recent update of this document will always be displayed at the beginning of this page. Picarro encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change provided, however, where we feel it is necessary and appropriate, we may also email you regarding changes to this Privacy Policy.

 

Exhibit A

Third Party Processors/Subprocessors of Your Data

To support the Website and the Picarro Community, we use different service providers that may store and process personal data about you. This section provides important information about the identity, location, and role of these Data Processors/Subprocessors. We use different types of Processors/Subprocessors to perform various functions as explained in the table below.

 

Processor/Subprocessor	Location	Role
NetSuite	USA	ERP/CRM
Box	USA	File Storage
Microsoft	USA	Office 365 – email servers and file storage
Amazon Web Services	USA	Location of our Saas based managed service product, PCubed
Google Analytics	USA	To identify returning users to Picarro Website and to analyze Website user behavior, for example, the number of pages viewed and the duration of time spent by a user on the Website.
Cloudflare	USA	To anonymously track network security policies applied to visitors of the Picarro Website.