Rackware, Inc.

Privacy Policy

Thank you for visiting us at www.RackwareInc.com, which is owned and operated by Rackware, Inc. (“We,” “Company,” or “Us”).  We welcome you and hope you find our website and related applications and publications (individually and collectively, the “Publications”), helpful and efficient.  We have developed this Privacy Policy to govern how we collect and use the Data (defined below) of individuals who access the Publications.  Privacy provisions related to our clients and customers are set forth in our contracts with them.

 

 CONSENT

By accessing the Publications, you consent to our use of your Data as described in this Privacy Policy. You may withdraw this consent at any time.  However, this may result in your inability to receive access to the Publications, and your withdrawal of consent does not limit our ability to use the Data that has been aggregated and anonymized for use by us in connection with the Publications in the future.

 

INTENDED USERS

The Publications are directed solely to persons 13 years of age or older.  We do not knowingly gather information from visitors who are under 13. If we become aware that we have gathered Data from a person under 13, then we will attempt to delete such Data as soon as possible, consistent with applicable law. If you believe that we have gathered Data from a person under 13, please contact us at info@rackwareinc.com.

 

INFORMATION WE COLLECT AND HOW WE USE IT

This Privacy Policy applies to users of our website and any newsletter or other Publication we make available to the public.  We gather different Data about different individuals, depending on the type of interaction with have with those individuals.  In general, we use three categories of data to provide the Publications.  When this Privacy Policy uses the term “Data” alone and without other qualification, it refers to all three categories.

  1. Contact Data:  Contact Data consists of the name, e-mail address and other contact information you provide using the Publications.  Contact information is accessible only by us.  You consent to the use of your Contact Data for the legitimate business purposes of us as we make the Publications available to you and provide information to you at your request.
  2. Personal Data:  Personal Data consists of all the personal information you input using the Publications other than the Contact Data.  It might include, for example, your age, interests, or requests you may submit using our contact forms.  Your Personal Data is accessible only to us and to you.  We do not share it with third parties, but we may use Personal Data to make inferences that help us provide the Publications.  We may also use Personal Data in an aggregated format that is not identifiable to any individual, and that aggregated information belongs solely to us.  To the extent we are required to delete any Personal Data about you, we will still retain aggregated and anonymized information that may have originated as your Personal Data.
  3. Usage Data:  Usage Data consist of information relating to your use of the Publications, such as the device you use, how often you access the Publications and at what times, information gathered through cookies and other technical Publications, and similar related usage information.  Usage Data is accessible to us and to you.

 

If we plan to use this information in the future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy.

The technologies we use for automatic data collection may include the following:

  • Cookies (or browser cookies).  A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Publications. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Publications.
  • Flash Cookies. Certain features of our Publications may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Publications. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of the Publications and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

SHARING YOUR INFORMATION

We will share your Information as follows.

  1. At Your Instruction. If you request us to make your Data available to a third party, and such request furthers the purposes of our Publications, we will do so.

 

  1. Sharing with Vendors and Service Providers. In certain cases, we use the services of third-party vendors and service providers to assist us in providing the Publications.  We may share your Data with such vendors and service providers solely for that purpose, and we require those parties to abide by our privacy policies.

 

  1. Third Party Offers. We may allow other companies to offer you products and Publications, including offers through our Publications, co-branded pages hosted by the third parties, or via email. Whether or not you decide to participate in such an offer is up to you. If you purchase a product or service on a co-branded page, or via a third party offer on our Publications that requires you to submit financial and personal information, you are also consenting to our delivery of this information to that party. The offer will notify you if any financial or personally identifiable information will be shared. Such third party will be authorized to use this information in keeping with our contractual relationship with them and in accordance with their own privacy policy and information practices. We do not control these third parties and you agree that we are not liable for their acts, or any failure to act on their part.

 

  1. Third Party Advertising. We may use aggregated, statistical information to describe our membership and to establish advertising and other business relationships with third parties. We may serve you with targeted advertisements based on your personal or profile information, but we do not provide any of this personal or profile information to an advertiser or any third party with the exception of those uses expressly disclosed in this policy. However, if you click or view an ad on our Publications then you consent to the likelihood that the advertiser will assume that you meet the targeting criteria, if any, used to display such ad, and as described above, you will be subject to the advertiser’s privacy policy and information collection practices (if any).

 

  1. Third-Party Ad Servers. We may allow third-party ad servers or ad networks to display advertisements on the Publications. Some of these ad networks may place a persistent cookie on your computer or use other technologies such as JavaScript and web beacons. Doing this allows them to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. We do not have access to or control over the cookies that may be placed by these parties on your computer, and we have no control over these parties’ privacy policies or information collection practices (if any).

 

  1. Service Providers. We may sometimes use a third party to provide specific Publications on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions or performing statistical analysis of our Publications. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.

 

  1. Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you.

 

  1. Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us or the Publications, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Service.

 

Your choices regarding our use and disclosure of your Information: If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, please follow the instructions below.

  1. Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to info@rackwareinc.com.

 

  1. Our sharing of your Personal Information with unaffiliated third parties for their (or their customers’) direct marketing purposes: If you would prefer that we do not share your information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by emailing info@rackwareinc.com from the email that you have signed up or used in receiving the Publications.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Publications, and you cannot opt-out from receiving those messages.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please follow the instructions in this Privacy Policy.

 

SECURITY AND PRIVACY FOR EU RESIDENTS

The information that the Publications collect may be stored locally on your Device and may be transmitted to our servers in countries of the European Union (“EU”), the United States (“U.S.”), and/or other countries where we or our service providers operate.  We take your privacy and the security of your Data seriously, and we comply with the provisions of the General Data Protection Regulation made effective in Europe on May 25, 2018 (“GDPR”) with respect to European residents.

 

By using the Publications, you specifically consent to the processing of your Data in the United States for the purposes of making the Publications available, as provided in this Privacy Policy.  However, you acknowledge that the transmission of information over wireless and wired networks is not inherently secure. We make commercially reasonable efforts to help protect your Data against unauthorized access and disclosure. However, we do not guarantee that your Data or private communications will always remain private when using the Publications.

 

SECURITY

The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

 

SHARING INFORMATION WITH THIRD PARTIES

You may be able to access websites and other tools and publications from the Publications. The privacy policies of these third parties are not under our control and may differ from ours. The use of any Data that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any third party offering, site or other products and Publications used in connection with the Publications.  The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

 

RETENTION

We will keep your information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained information will remain subject to the terms of this Privacy Policy. Please note that if you request that your information be removed from our databases, it may not be possible to completely delete all of your information due to technological and legal constraints.

 

AMENDMENT OF THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any change to this Privacy Policy will become effective on the date that is 30 days from their posting on the Publications or sent via email to your listed email address. Unless stated otherwise, our current Privacy Policy applies to all Data that we have about you and your account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Publications signifies your acceptance of any changes.

 

ACCESS AND ACCURACY

You have the right to access the information we hold about you in order to verify the information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your information as appropriate. As appropriate, this amended information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate information about you enables us to give you the best possible service.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: info@rackwareinc.com.

 

CONTACT US

You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at info@rackwareinc.com. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.