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Privacy Policy

Why a Privacy Policy?        1

Personal Data Definition        2

The Data We Collect        3

Data You Provide Us Directly        3

Information We Collect Automatically        3

Usage Data        4

Telemetry Data in PMM and in Percona Platform        4

Google APIs data        5

Cookies        5

Why We Collect and Process Your Data        6

Legal or contractual obligations        6

Enhance your experience with us        6

Consent and legitimate interest        6

How We Collect and Use Your Data        6

How We Share Your Data        6

Securing & Retaining Your Data        7

Your Choices Regarding the Collection, Use, and Sharing of Your Data        7

Provisions Applicable to California Residents        7

Your Rights        8

Categories of Personal Information Collected        8

Categories of Personal Information Disclosed for a Business Purpose        9

Supplemental Notice for Virginia        10

Data Retention        10

Provisions Applicable to Persons in the European Union and European Economic Area        11

Transfers of information outside of the European Economic Area        11

Data Subject Rights        11

How to Contact Us        14


Why a Privacy Policy?

Percona is committed to protecting your privacy. The purpose of this Privacy Policy is to describe our practices regarding the data we collect from users of our websites and in connection with our services, and provides you with information about your rights and choices regarding our collection and use of your data.

By subscribing to our communications and using our Sites and Social Sites, you are acknowledging that you understand the terms of our collection, use, treatment, and sharing of your Personal Data as described in this Privacy Policy. This Privacy Policy is incorporated into and made a part of our Terms of Use.

Please note: When you use a link to go from our Sites to a third-party website or service, our Privacy Policy does not apply to those websites and services. We are not responsible for the practices employed by any third-party websites or services linked to or from our Sites, including the information or content contained within them.

Personal Data Definition

"Personal Data" means information that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you, including, for example, identifiers such as your name, alias, Internet Protocol (IP) address, email address etc. For more information on the definition of Personal Data please refer to the GDPR definition here.

“Percona Products” means softwares and platform developed, provided and maintained by Percona.

“Telemetry Data” means data that typically includes location data and possibly other personal data points. For example, telemetry data may include the software version, number of servers, versions used, PMM Installation method, uptime, and geographic region. This telemetry data collects strictly necessary data to improve user experience, provide you with relevant offerings information and ensure the security of our solutions.

Special categories of data

We do not process 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, health and genetic information and biometric data).

Children Under 13

Our website nor services or software are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, please do not provide any information on this website.

The Data We Collect

Data You Provide Us Directly

  • Your Percona accounts. We collect information about you when you submit it through the Percona Platform and Percona Products, including when you create an account with us. This may include your name, email address, telemetry data, company name, postal address, phone number, and IP address.
  • Your Community account. Our blog and community forums (“Social Sites”) are publicly-facing which means the information you post, including any Personal Data, is public and immediately viewable and searchable by Users of Social Sites. You do have the ability to use a pseudonym, if you prefer, to associate with your User persona to protect your identity. We only permit the administrator of our Sites to access User’s profile data for operational or troubleshooting purposes.
  • Percona services. As a customer, we collect information you provide to us when you open a support request. This may include your name, email address, title, company, and any other information you provide in your request.
  • Other information submitted by you. We collect information about you when you visit our sites or social sites, when you send us information or communications, when you sign up on, when you download and use our products, and when you register for white papers, webinars, and events hosted by us.  We do not collect or store any credit card billing information; we delegate that sensitive task to a verified service provider.

Information We Collect Automatically

  • Other services linked to your accounts. We may collect information about you when you link your Percona account with other services. For example, if you create or log into your Percona account using your Google Apps credentials via single sign-on, we will have access to certain information such as your name and email address, as authorized in your Google Apps profile settings.
  • Third parties. Percona may contract with third party entities to collect public business contact information for employees or representatives of companies that may be interested in Percona services. This information may include things like your name, title, email address, phone number, and social-media profile. We may combine this information with information we collect through other means.The information collected does not provide Percona with any non-business-related data or sensitive data.

Percona processes this information for its legitimate interest in direct business-to-business marketing purposes. We do not use this information for any other purpose, and we do not sell this information to any third party.

Usage Data

We may receive Usage Data indirectly from Users through the use of website trackers and may link such data to Personal Data. “Usage Data” includes, but is not limited to: browser type, operating system, webpage history, or internet service provider.

Telemetry Data in PMM and in Percona Platform

Percona collects telemetry data from the use of its products. The purpose of collecting telemetry data via our Percona Portal and PMM Software is to deliver and offer better services and products. Combined with Advisors, the data collected such as software version, number of servers, versions used, PMM Installation method, uptime, and geographic region, etc. helps Percona understand the use and adoption of products and identify where to focus development resources (e.g. whether to release patches for legacy versions of software that are not fully supported). This telemetry data collects necessary data to improve user experience, to ensure security (e.g log activity) and offerings you may be interested in. For more information about the collection of telemetry data, including how to disable the collection of telemetry data, please visit check.percona.com and read our documentation page here.

You can opt-out from telemetry data.

For more information about how we collect your data please read our Notice of Data Processing.

Google APIs data

We collect data from our Google suite tools when connecting from https://id.percona.com/. This data is used for the purpose to enable social logins.

Google tools includes as an example Google Analytics, Google Ads or Google Studio. Type of data we collect is related to website traffic and activity and geography.

Cookies

A cookie is a small packet of data that is stored on your computer or device. Like most websites, we use cookies, pixels (e.gYahoo, as an example) and other online tracking technologies to store Site preferences and session identifiers (e.g. when you log into our customer service portal), to collect additional website Usage Data, to facilitate website functionality, and to provide interest-based advertisements to Users. Site preference cookies are used to remember your requests and enhance your user experience, such as asking not to see a contact request form when downloading software or white papers. We use standard HTTP server logs of website requests to assist in diagnosing Site problems and other troubleshooting and analysis tasks which ensures you have an optimal experience. The logic of our cookie approach is to offer you a greater experience with our Sites.

Percona uses a tool provided by a third party to enable users to opt out of all cookies that are not strictly necessary. Browser settings can also be adjusted to automatically accept or decline cookies and/or to alert you when a website is attempting to put one in place. For example, if you wish to opt out of Google's use of cookies to serve advertisements to you, please visit Google’s advertising opt-out page. Please note, if you disable some cookies, it may impact the functionality of our website.

We do not generally recognize automated browser signals regarding tracking mechanisms and we respect Users’ selection of a “Do-Not-Track” browser option.

Percona does not use advertising cookies on www.percona.community.com.

For more information about the cookies we use, and how to disable the cookies, please refer to our Cookie Policy.

Why We Collect and Process Your Data

Legal or contractual obligations

We collect your data for the purpose of managing a business relationship (e.g. a contract), to comply with relevant laws or regulations, to comply with legal processes (e.g. to respond to subpoenas), and to protect or defend our rights or the rights of our customers or product users.

Enhance your experience with us

We collect your data for the purposes of providing our products and services, enhancing our products and services, advertising our products and services, and providing relevant content to users. Percona Platform users may be contacted in order to (1) share relevant platform notice and/or (2) to collect platform user experience.

Consent and legitimate interest

We may also process your information without your active and explicit consent or because we have a legitimate interest to process it (e.g prospecting activity, system security, fraud risk reduction).

How We Collect and Use Your Data

We collect your data in two ways: (i) directly only as required to communicate with you and fulfill your requests relating to our sites, products, and services; and (ii) indirectly through the use of cookies, the collection of telemetry data, and pursuant to contracts with third parties.

How We Share Your Data

We share data with verified third parties as required to fulfill Users’ requests for functions that we do not provide ourselves (e.g. processing credit card payments). We may share the personal data that you provide to use with our third party sub processors for the purpose of providing services, managing our business relationship with you, and providing you more information about our products and services.

We may share your information with our partners and/or exhibitors when you register to our events such as Percona live.

Securing & Retaining Your Data

Any data that we store is managed on secure servers located in the United States of America. Percona uses an independent third party to conduct annual ISO 27001 security audits and all subprocessors must maintain security controls equivalent to ISO 27001 or SOC2 security, confidentiality, and integrity standards. Personal Data will be stored in accordance with legal and regulatory obligations, including for the duration of our business relationship, as necessary to comply with our legal obligations, until the data is no longer necessary, or until consent to process the data (if applicable) is withdrawn. For more information, please visit our Trust Center.

Your Choices Regarding the Collection, Use, and Sharing of Your Data

As stated above, we believe in limiting the collection, use, and sharing of your Personal Data to the most reasonable extent possible, using it only for the purposes identified in this privacy policy. We also provide you with the ability to change your mind. For example, if you wish to opt out of our newsletter mailings, you may select the opt out link which can be found at the bottom of any message, then your email will be placed on a “do-not-mail” list and we will stop sending you any newsletters.

Based on jurisdiction, there may be certain access, erasure, and other rights which individuals may have to their data Personal Data, including the right to manage our treatment of their Personal Data and the way in which it is processed. Please review the information below regarding rights in certain jurisdictions.

Provisions Applicable to California Residents

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act, as amended (“CCPA”), and under the California Privacy Rights Act ("CPRA").

Your Rights

Subject to applicable law, you have the following rights with respect to your personal information.

  • Right to access. You have the right to request that we disclose to you what personal information we collect, use, disclose, share, and sell about you.
  • Right to delete. You have the right to request that we delete your personal information that we’ve collected.
  • Right to update. You have the right to request that inaccurate personal information we hold about you be corrected.
  • Right to restrict the use and disclosure of your sensitive information. You have the right to request that we limit our use and disclosure of your sensitive personal information.
  • Right to nondiscrimination. You have the right not to receive discriminatory treatment because you’ve exercised any of your rights under the CCPA.
  • Right to correct. You have the right to correct inaccurate personal information.
  • Right to limit use and disclosure. You have the right to limit the use and disclosure of sensitive personal information.
  • Right to opt out. You have the right to opt out of any “sale” or "sharing" of your personal information that may occur, including sensitive personal information.

If you or your authorized agent wishes to exercise any of these rights, please complete our Data Subject Rights intake form or contact us as outlined in the “Contact Us” section below. Please note that we may ask you or your agent to provide us with additional information to confirm your identity.

Categories of Personal Information Collected

The personal information that we’ve collected in the past 12 months fall into the following categories specifically established under the CCPA:

  • Identifiers such as a real name, postal address, unique personal identifier, online identifier, internet protocol address, and email address.
  • Information under Cal. Civ. Code §1798.80(e), such as your name, address, telephone number, or any financial information.
  • Commercial information, such as information related to products or services you’ve purchased.
  • Internet or other electronic network activity information, such information regarding your interaction with the Percona Products.
  • Geolocation data.
  • Audio, electronic, visual, or similar information, such as audio recordings of calls with you.
  • Inferences drawn on the information above, such as aggregated metrics.
  • Account log-in or credit card number in combination with your credentials allowing access to your account.

For more information about the categories of personal information we collect, please see the “Personal Information We Collect” section above.

Categories of Personal Information Disclosed for a Business Purpose

The personal information that we’ve disclosed for a business purpose (including to our service providers) in the past 12 months fall into the following categories specifically established under the CCPA and the CPRA:

  • Identifiers such as a real name, postal address, unique personal identifier, online identifier, internet protocol address, and email address.
  • Information under Cal. Civ. Code §1798.80(e), such as your name, address, telephone number, or any financial information.
  • Commercial information, such as information related to products or services you’ve purchased.
  • Internet or other electronic network activity information, such information regarding your interaction with the Percona Products.
  • Geolocation data.
  • Audio, electronic, visual, or similar information, such as audio recordings of calls with you.
  • Inferences drawn on the information above, such as aggregated metrics.
  • Account log-in or credit card number in combination with your credentials allowing access to your account.

For more information about the categories of personal information we disclose to other parties, including to our service providers, please see the “How We Share Personal Information” section above.

We do not sell or share (for the purpose of cross-context behavioral advertising) your personal information, as those terms are defined under the CCPA.

Supplemental Notice for Virginia

This section provides additional information for residents of Virginia and the rights afforded to them under the Virginia Consumer Data Protection Act (VCDPA).
Your Rights
Subject to applicable law, you have the following rights with respect to your personal information.

  • Right to access. You have the right to access your personal information and obtain a copy of it in a portable and readily usable format.
  • Right to correct. You have the right to correct errors in your personal information.
  • Right to delete. You have the right to have your personal information deleted.
  • Right to opt out. You have the right to opt out of behavioral advertising, automated profiling, and sales of personal information.

To exercise your rights, please complete our form here or contact us as outlined in the “Contact Us” section below. Please note that we may ask you to provide us with additional information to confirm your identity.

If you submit a request to exercise one of the above rights and you disagree with our decision regarding your request, you may appeal our decision by replying to our response.

Data Retention

Percona only keeps personal information for as long as necessary to fulfill the purposes we collected it for, after which it will be deleted or archived unless we are required to keep it to comply with:

  • The terms of our agreements with you;
  • Our legitimate interests
  • Our legal obligations; and
  • The amount and nature of your personal information.

When applicable, personal data is stored within the United States and Canada.

Provisions Applicable to Persons in the European Union and European Economic Area

This section applies only to those Users who reside in the European Union or European Economic Area (EEA).

Transfers of information outside of the European Economic Area

Since we are part of a group of companies that includes a company located in the United States of America, we may process your Personal Information outside of the European Economic Area. We do this in the ordinary course of our business. Where your Personal Data is transferred to other entities, we will take appropriate measures to ensure that the recipient securely protects your Personal Information, and complies with all legal obligations and this Privacy Policy. These measures include entering into European Commission-approved standard contractual arrangements with the recipients, conducting both Transfer Impact Assessments and due diligence on our subprocessors.

You can find the list of our subprocessors here.

Data Subject Rights

As a data subject under EU data protection laws, you have specific legal rights relating to the Personal Data we collect from you. We will respect your individual rights and appropriately address your concerns. To make such a request, please visit the Data Subject Rights link at the bottom of this page, send an email to privacy[at]percona.com, or write to us at: PO Box 1126, Durham, NC 27702-1126, USA.

  1. Right to withdraw consent: Where you have given consent for the processing of your Personal Data, you may withdraw your consent at any time.
  2. Right to rectification: You have the right to rectify your Personal Data. We make reasonable efforts to keep Personal Data in our possession or control accurate, complete, current and relevant, based on the most recent information available to us.
  3. Right to restriction: You may require us to restrict the processing of your Personal Data , if:
  • you contest the accuracy of your Personal Data , for the period we need to verify the accuracy;
  • the processing is unlawful and you request the restriction of processing rather than erasure of your Personal Data ;
  • we no longer need your Personal Data, but require it for the establishment, exercise or defense of legal claims; or
  • you object to the processing while we verify whether our legitimate interest in processing the data.
  1. Right to access: You may access all Personal Data that we hold about you, including information as to which categories of Personal Data we have in our possession or control, what they are being used for, where we collected them (if not from you directly), and to whom they have been disclosed, if applicable.We will provide you with a copy of your Personal Data upon request. If you request further copies of your Personal Data, then we can charge you with a reasonable fee that we base on administrative costs. If we transfer your Personal Data to a country outside the EU and EEA, you have the right to request information about the safeguards in place for our transfer of that data to the receiving country.
  2. Right to portability: You have the right to receive Personal Data that you have provided to us, and, where technically feasible, request that we transmit such Personal Data to another organization. You have these rights if:
  • We process your Personal Data by automated means;
  • We base the processing of your Personal Data on your consent, or our processing of your Personal Data is necessary for the execution or performance of a contract to which you are a party;
  • You provided your Personal Data to us; and
  • The transmission of your Personal Data does not adversely affect the rights and the freedoms of other persons.
  1. Right to erasure: You have the right to request that we delete you Personal Data. We must comply with this request if we process your Personal Data, unless the data is necessary for:
  • Exercising the right of freedom of expression and information;
  • Comply with a legal obligation that requires us to retain the data;
  • Archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or
  • The establishment, exercise or defense of legal claims.
  1. Right to object: You may object to the processing of your Personal Data provided that the processing is not based on your consent, but on our legitimate interests or those of a third party. If you object to the process, we will no longer process your Personal Data, unless we can demonstrate compelling legitimate grounds and an overriding interest for the processing or for the establishment, exercise or defense of legal claims. If you object to the processing, please specify whether you also wish the erasure of your Personal Data; otherwise, we will only restrict it. You may always object to the processing of your Personal Data for direct marketing purposes, even if it was based on our legitimate interest for any reason. If the marketing was based on your consent, you can withdraw consent.
  2. Right to lodge a complaint: You can lodge a complaint to the data protection authority in your Member State or to the data protection authority in the Republic of Ireland.
  3. You have the right to receive your Personal Data in a structured, commonly used and machine-readable format. Your right to receive your Personal Data must not adversely affect the rights and the freedoms of other persons. This may be the case if a transmission of your Personal Data to another organization also involves the transmission of the personal data of other (non-consenting) individuals. Your right to have your Personal Data transmitted from us to another organization is a right you have only if such transmission is technically feasible.

Please note the following regarding Data Subject Requests:

  • Time period: We will try to fulfill your request within 30 days, which may be extended to 30 additional days due to specific reasons relating to the specific legal right or the complexity of your request. In all cases, if this period is extended, we will inform you about the cause and anticipated length of the extension.
  • Restriction of access: In certain situations, we may not be able to give you access to all or some of your personal data due to statutory provisions. If we deny your request for access, we will advise you of the reason for the refusal.
  • No identification: In some cases, we may not be able to look up your Personal Data due to the choice of identifiers provided in your request. In such cases, where we cannot identify you as a data subject, we will not be able to comply with your request to execute your legal rights as described in this section, unless you provide additional information enabling your identification. We will inform you and give you the opportunity to provide such additional details.
  • Exercise your legal rights: In order to exercise your legal rights, please contact us in writing (including electronically) at the contact details provided below.

Our representatives:

EU Representative
Osano International Compliance Services Limited
ATTN: S7IA
3 Dublin Landings
North Wall Quay
Dublin 1
D01C4E0

UK Representative
Osano UK Compliance LTD
ATTN: S7IA
42-46 Fountain Street
Belfast
Antrim
BT1 – 5EF

How to Contact Us or Submit a Request

To exercise your rights, please use the Data Subject Request link here or contact us via email. Please direct your questions regarding the subject matter of data protection and any requests in the exercise of your legal rights to privacy[at]percona.com, or via mail to Percona LLC, PO Box 1126, Durham, NC 27702-1126, USA. We will investigate and attempt to resolve any request or complaint regarding the use or disclosure of your Personal Data. If you are not satisfied with our reply and you are from the European Union, you may also make a complaint to the data protection authority, as indicated above.