Important Update – MarkLogic World 2020

Effective Date: December 31, 2019.

MarkLogic Corporation (“MarkLogic,” “we,” “our,” or “us”) values your privacy and your desire to know how we handle and use your information. Therefore, we provide this Privacy Statement, which explains our information practices. This statement applies to information, including Personal Data (which means any information relating to an identified or identifiable natural person), we obtain from and about individuals interacting with MarkLogic, its websites (the “Site”), products, and services. This Privacy Statement does not apply to MarkLogic employees, for whom we maintain a separate privacy notice.

This Privacy Statement may be updated from time to time. We will notify you of any changes to our Privacy Statement by posting the new Privacy Statement on our Site and updating the Effective Date listed above. The most current version of the Statement may be reviewed by clicking on the “Privacy” link located at the bottom of our Site. Please note that there is a separate Terms of Use found in the “Terms of Use” hyperlink located at the bottom of our Site. The purpose of this Privacy Statement is to explain the types of information we collect, how it is obtained, how it is used, how it may be shared with others, and your choices about its use and disclosure. If you are visiting our site from the European Union (“EU”) or where applicable EU data protection laws so provide, please see the section below titled, “Your EU Privacy Rights” for additional information. If you are a California resident, please see the section below titled, “Your California Privacy Rights” for additional information.

1. What Personal Data We Collect

The types of information, including Personal Data, we collect from and about you include:

  1. Contact and demographic information collected online and offline (such as your name, company name, industry, address, telephone number, and email)
  2. Data gathered by technology when you visit our Site (such as cookies)
  3. Marketing data from third parties that includes contact information
  4. Information you upload as part of a MarkLogic product demonstration or open source project
  5. Any information you publicly post on our Site forums or comment sections
  6. Job applicant data (such as name, email, resume, social media profiles (e.g., LinkedIn), cover letter, and any other information you upload as part of your application)
  7. Contact information from MarkLogic resellers that sell MarkLogic products or services on our behalf.

2. Our Commitment to Children’s Privacy

MarkLogic does not knowingly collect information from individuals under the age of 13. In the event that we learn that we have collected information from a child under the age of 13, we will delete that information.

3. How We Use Your Personal Data

MarkLogic collects and uses Personal Data for our legitimate interests as set out herein, or based on your consent (in which case we would ask you separately to provide your consent to a particular processing activity).

We process your information, including Personal Data, for the following purposes:

  1. To provide the products and services you have purchased or requested (such as through customer support, troubleshooting, and billing), which may also be necessary for the performance of a contract with you
  2. To provide you with information about MarkLogic and its products and product updates
  3. To register you for and deliver training and educational materials related to our products
  4. To partner with your organization to offer complementary technology solutions (through our alliances and partner program)
  5. To diagnose, repair and track service and quality issues
  6. To install and configure changes and updates to your services
  7. To authenticate users of our products and services
  8. To consider your MarkLogic employment application, which may also include processing necessary to comply with a legal obligation
  9. To add marketing data from third parties to our prospective customer database
  10. To provide end users with search and discovery tools on certain subjects (e.g. open source projects)

We will keep your Personal Data as reasonably necessary to fulfill the purposes for which Personal Data is collected as stated herein; for as long as is necessary for the performance of the contract between you and us, if any; and to comply with legal and statutory obligations, such as in tax, trade and corporate laws. When we no longer need your Personal Data for our purposes, we will destroy, delete or erase that Personal Data or convert it into an anonymous form.

4. With Whom We Share Your Information

We may share your information, including:

  1. Within the MarkLogic group of companies, which includes parents, corporate affiliates, subsidiaries, business units and other companies that share common ownership, for the purposes described above.
  2. With third-party service providers working on our behalf, in order to deliver the requested products or services (in particular, hosting and maintenance services or a card-issuing bank to confirm payment for products and services you purchase from us).
  3. MarkLogic may also share information where, acting in good faith, it believes that such action is necessary to conform to legal requirements or comply with a legal process, such as a search warrant, subpoena, or court order; protect and defend the rights or property of MarkLogic; or enforce our license or services agreement(s).
  4. MarkLogic may also share information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, including situations of insolvency, bankruptcy or receivership.

If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Statement.

We may also share your information with other third parties in an anonymized or aggregate manner. MarkLogic will not sell your personal information.

5. Online Tracking and Advertising

Our Site automatically gathers certain traffic information, such as Internet Protocol (“IP”) addresses and other numeric codes used to identify a computer, which may be considered Personal Data under applicable laws. However, this information is aggregated and may not personally identify you. It is collected to help us improve the Site and the services we offer. For example, we may use IP addresses to monitor Site usage to better prepare for anticipated traffic patterns. We may also gather user information that we save on your computer (not on our server) as “cookies” in order to streamline the Site experience.

We use cookies and other similar technologies to maximize the performance of our Site and services, improve functionality by detecting some features of your device, and to remember your user name, region and language choices you make. If you have registered your product and created a MarkLogic account, we match the information gathered from our cookies with any information you have given us about yourself, or that is stored in your MarkLogic account, or that we have otherwise collected about you for the purposes explained in this Privacy Statement.

We also use advertising providers that use targeting cookies and ads, to tailor information presented to you, and which link to services provided by third parties. Targeted advertising may collect Personal Data about users’ online activities over time and across different websites.

For more detailed information about cookies visit https://www.allaboutcookies.org/. To opt out from behavioral advertising by networks adhering to the Network Advertising Initiative visit http://optout.networkadvertising.org/.

You can opt out from any of these cookies by adjusting your browser settings to reject cookies. If you have previously visited our Site, you may also have to delete any existing cookies from your browser. Many of our cookies are functionality cookies and some of these cookies are managed for us by third parties. You can control the use of these cookies through your browser settings, but if you opt out from them, we may be unable to offer some services or support and we may also be unable to remember your preferences or that you did not want a certain service.

Google Analytics

We have enabled the Demographics and Interest Reporting feature of Google Analytics to collect demographic and interest information about our users. Google Analytics uses cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can opt out of this by clicking here.

California Do Not Track Disclosures

Some browsers have incorporated Do Not Track (“DNT”) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to have information about your online searching and browsing activities collected and used. As there is not yet a common agreement about how to interpret DNT signals, we do not honor DNT signals from web browsers at this time. However, you may refuse or delete cookies as described above.

6. Security Safeguards

MarkLogic will take reasonable steps to protect your Personal Data in our possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction. For example, we use security measures including safeguarding and monitoring our network and controlling access to our files, equipment, and buildings.

7. Your Choices/Opting-Out

You can opt out of being further contacted by us by clicking here. You may also opt-out of receiving marketing or promotional email messages from us by clicking on the “Unsubscribe” link contained at the bottom of each email.

It is possible that you may be denied access to your Personal Data. For instance, access can be denied when: giving one person access would compromise another’s privacy rights; disclosure is likely to interfere with the safeguarding of national security, defense, or public security; and disclosure could interfere with law enforcement or legal actions. These are only examples, and access may be denied in other situations in compliance with applicable laws. For additional information about EU rights, please see the section below.

8. Your EU Privacy Rights

If you are visiting the Site from the EU or where applicable EU data protection laws so provide, you may exercise the following rights regarding your Personal Data:

Access. You have the right to obtain from us confirmation if your Personal Data is being processed and certain information in this regard.

Rectification. You have the right to request the rectification of inaccurate Personal Data and to have incomplete data completed.

Objection. You have the right, when we process Personal Data on the grounds of legitimate interests, to object to the processing of your Personal Data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing. In addition, you have the right to object at any time where your Personal Data is processed for direct marketing purposes.

Portability. You may receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.

Restriction. You may request to restrict processing of your Personal Data (i) while we verify your request – if you have contested the accuracy of the Personal Data about you which we hold; (ii) if the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) if we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) while we verify your request if you have objected to processing based on public or legitimate interest.

Erasure. You may request to erase your Personal Data if it is no longer necessary for the purposes for which we have collected it, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.

Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, or the location where the issue that is the subject of the complaint occurred.

Right to refuse or withdraw consent. Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.

If you have questions about exercising any of those rights or their applicability to any of our particular processing activities or have questions about any data transfer mechanism or want a copy thereof, you may contact us at legal@marklogic.com or at the address provided below.

9. International Transfers of Your Personal Data

By using the Site or providing Personal Data to MarkLogic, your Personal Data may be transferred to the United States where MarkLogic is headquartered. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States. For example, the data protection laws of the United States have not been found by the European Commission to provide the same level of protection as EU data protection law. Some of the third parties with whom we share your Personal Data are also located in third countries that do not provide the same level of protection to your Personal Data. Certain third countries have been officially recognized by the European Commission as providing an adequate level of protection (list available here). Transfers to third parties located in countries outside the European Economic Area (“EEA”) take place using an acceptable data transfer mechanism, such as the EU-U.S. Privacy Shield for transfers to self-certified U.S. organizations, the EU Standard Contractual Clauses, Binding Corporate Rules, approved Codes of Conduct and Certifications or in exceptional circumstances on the basis of permissible statutory derogations. Please contact legal@marklogic.com, if you want to receive further information or, where available, a copy of the relevant data transfer mechanism.

10. Your California Privacy Rights

If you are a California resident, this section applies.  Pursuant to the California Consumer Privacy Act of 2018, below is a summary of the personal information we collect from consumers, the sources from which we collect the personal information, the business or commercial purpose for which the personal information is collected and the categories of third parties with whom we share consumer personal information. The section references relate to the sections above in this Privacy Policy.

 

Personal Information Sources of Personal Information Business or Commercial Purpose for Collection With Whom We Share Personal Information
Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers See Sections 1 a, b, c, e, f, g above See Sections 3 a, b, c, f, g, h, i above See Sections 4 a, b, c, d above
Characteristics of protected classifications under California or Federal Law, such as age and gender See Sections 1 a, e, f above See Sections 3 a, g, h, above See Sections 4 a, c, d above
Commercial information, including records of personal property, product or services purchased, obtained or considered, or other purchasing or consumer history See Sections 1 a, b, d, e, g above See Sections 3 a, b, c, d, e, f, g above See Sections 4 a, b, c, d above
Internet or other electronic network activity information, including, but not limited to, browsing history, search history and information regarding a consumer’s interaction with an internet website, application or advertisement See Sections 1 a, b, d, e, f above See Sections 3 a, b, c, d, e, h above See Sections 4 a, c, d above
Geolocation data See Sections 1 a, b, e above See Sections 3 e, j above See Sections 4 a, c, d above
Audio, electronic, visual, thermal, olfactory, or similar information See Sections 1 d, e above See Sections 3 e, i above See Sections 4 a, c, d above
Professional or employment-related information See Sections 1 a, d, e, f above See Sections 3 b, c, h above See Sections 4 a, c, d above
Education information See Sections 1 a, d, e, f above See Sections 3 b, c, h above See Sections 4 a, c, d above
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes See Sections 1 a, b, c, d, e, g above See Sections 3 a, b, d, g, i above See Sections 4 a, b, c, d above

 

We disclosed all of the categories of personal information listed above for a business purpose in the past 12 months.

Your Rights

As a California resident you have certain rights, subject to legal limitations and applicable exceptions, regarding the collection, use, and sharing of your personal information.  California residents may exercise the following rights via our website at https://www.marklogic.com/company/contact/ccpa/, by emailing us at legal@marklogic.com, or by calling 1-877-992-8885.

  • Right to Know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, the categories of third parties with whom we have shared your personal information, and the purpose for which we shared your personal information (“Categories Report”). You may also request information about the specific pieces of personal information we have collected about you (“Specific Pieces Report”).
  • Right to Delete. You have the right to request that we delete personal information that we have collected from you.

In accordance with applicable law, we will not discriminate against you for exercising these rights.

Verification: In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request.  If you are submitting a request on behalf of a household, we will need to verify each member of the household in the manner set forth in this section. For Specific Pieces Report, we will request three pieces of information to verify your identity, along with a signed declaration, under penalty of perjury, that you are who you say you are. For a Categories Report or a Right to Delete request, we will request two pieces of information to verify your identity.

Authorized Agents: You may use an authorized agent to exercise your rights on your behalf. If you are making any of the requests above through an authorized agent, we will request written authorization from you and will seek to verify as described above or we will accept a legal Power of Attorney under the California Probate Code to the authorized agent. To make a request using an authorized agent use the webform at https://www.marklogic.com/company/contact/ccpa/ and upload documentation demonstrating you have authorized the agent to exercise rights on your behalf.

Timing: We will respond to Requests to Delete and Requests to Know within 45 days, unless we need more time in which case we will notify you and may take up to 90 days total to respond to your request.

11. Contact Us

MarkLogic Corporation
999 Skyway Boulevard, Suite 200
San Carlos, CA 94070
Attn: General Counsel
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