Privacy Policy

Welcome to Hazelcast’s Privacy Policy.

What does this Privacy Policy Cover?

Hazelcast® respects your privacy and is committed to protecting your Personal Data. We want to be transparent with you about how we collect and use your Personal Data in making available our in-memory computing products, Hazelcast IMDG® and Hazelcast Jet® (“Products”), our platform-as-a-service Hazelcast Cloud (“PaaS Services” or “Services”), as well as our websites Hazelcast.com, Hazelcast.org, Blog.Hazelcast.com and Jet.Hazelcast.org (“Sites”), and tell you about your privacy rights and how the law protects you.

With that in mind, this Privacy Policy is designed to describe:

Who we are and how to contact us
Your rights relating to your Personal Data
Marketing communications preferences
What Personal Data we collect
How we use your Personal Data and why
What happens when you do not provide necessary Personal Data?
Personal Data from Third Party Sources
How we use cookies and other tracking or profiling technologies
Who we share your Personal Data with
How we keep your Personal Data secure
How long we store your Personal Data
Our policy on children
Third party links

This Privacy Policy aims to give you information on how Hazelcast collects and processes Personal Data that you provide to, or are processed by our Products, our PaaS Services, and Sites.

The Privacy Policy is intended to meet our duties of Transparency under the “General Data Protection Regulation” or “GDPR.”

We will post any modifications or changes to this Privacy Policy on this page.

Who we are and how to contact us

Who we are

Hazelcast, Inc. is the Controller (for the purposes of the GDPR) of your Personal Data (referred to as either Hazelcast, “we”, “us,” or “our” in this Privacy Policy).

Our address is: 3000 El Camino Real, Bld 4, Ste 200, Palo Alto, CA 94306

How to contact us

You can contact us by emailing: [email protected]

Our EU Representative

As Hazelcast does not have an establishment in the European Union, we have appointed a representative based in the United States of America, whom you may address to raise any issues or queries you may have relating to our processing of your Personal Data and/or this Privacy Policy more generally.

Our EU representative is: UK Software Services and Consulting Ltd. Our EU representative may be contacted via email: [email protected]; via mail: Hazelcast, 8 Devonshire Square, London, EC2M 4PL, United Kingdom; or via phone: +44 75 6520 7389.

EU-U.S. PRIVACY SHIELD

Hazelcast, Inc. complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the EU to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit www.privacyshield.gov.

As described in the Privacy Shield Principles, Hazelcast is accountable for Personal Data that it receives and subsequently transfers to third parties. If third parties that process Personal Data on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, Hazelcast commits to resolve complaints about our collection or use of your Personal Data. EU individuals with inquiries or complaints regarding this Privacy Policy should first contact us at: [email protected].

Hazelcast has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit www.jamsadr.com; JAMS, 18881 Von Karman Ave., Suite 350, Irvine, CA 92612, USA; Telephone +1 (949) 224-1810 for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Your rights relating to your Personal Data

By law you have the right to:

Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).
Object to processing of your Personal Data. This right exists where we are relying on a Legitimate Interest as the legal basis for our processing and there is something about your particular situation that makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your Personal Data. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent. This right only exists where we are relying on consent to process your Personal Data (“Consent Withdrawal”). If you withdraw your consent, we may not be able to provide you with access to the certain specific functionalities of our Site. We will advise you if this is the case at the time you withdraw your consent.

How to exercise your rights

If you want to exercise any of the rights described above, please contact us at [email protected].

Typically, you will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us a: [email protected]

We will reply to your complaint as soon as we can.

If you feel that your complaint has not been adequately resolved, please note that the GDPR gives you the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.

Marketing communications preferences

You can ask us to stop sending you marketing messages at any time by logging into the Site and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, by contacting us at any time using the contact details shown here “Who We Are and How to Contact Us”, and by visiting the Hazelcast Privacy Preference Manager.

Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of emails relating to purchases, service and support, specific future requests for collateral or other materials, and subscription renewals.

What Personal Data we collect

All the Personal Data we collect, both from you and from third parties about you, is outlined in the table below.

Category of Personal Data collected	What this means
Identity Data	First name, surname, maiden name, last name, company name, title.
Contact Data	Work address, billing address, email address, and telephone numbers.
Transaction Data	Any details about payments and communications to and from you and other details of subscriptions and services you have purchased from us, including of your transactions with third parties.
Marketing and Communications Data	Your preferences in receiving marketing from us and our third parties and your communication preferences.
Behavioral Data	Inferred or assumed information relating to your behavior and interests, based on your online activity, including information about your use of the Products and PaaS Services (excluding the data you transmit to the PaaS Services). This is most often collated and grouped into “segments” (e.g., there may be a segment for developers, living in London).
Technical Data	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 this website or use our services.

Aggregated Data

We also collect, use, and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data, but once in aggregated form it will not constitute considered Personal Data for the purposes of the GDPR as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data, which will be used in accordance with this Privacy Policy.

No Special Categories of Personal Data

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, information about your health and genetic and biometric data). We also do not collect any information about criminal convictions and offences.

How we use your Personal Data and why

We will only use your Personal Data for the purposes for which we collected it as listed below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your Personal Data for an unrelated purpose, we will update this Privacy Policy and we will explain the legal basis which allows us to do so.

What is our “legal basis” for processing your Personal Data?

In respect of each of the purposes for which we use your Personal Data, the GDPR requires us to ensure that we have a “legal basis” for that use. Most commonly, we will rely on one of the following legal bases:

Where we need to perform a contract we are about to enter into or have entered into with you (“Contractual Necessity”).
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your Personal Data for is set out in the table below.
Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).

Generally we do not rely on your Consent as a legal basis for using your Personal Data other than in the context of direct marketing communications.

We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your Personal Data.

Purpose	Category(ies) of Personal Data involved	Why do we do this	Our legal basis for this use of data
Account Creation	Identity Data Contact Data	To register you as a new customer.	Contractual Necessity
To process payments for subscriptions to the Products and Services.	Identity Data Contact Data Finance Data Transaction Data	To process and deliver your order including manage payments, fees and charges.	Contractual Necessity
Fraud Prevention	Identity Data Contact Data	To keep our website, our services and associated systems operational and secure.	Legitimate Interests We have a legitimate interest in providing you with updates on our Sites and related offers where you have purchased or shown interest in similar services from us.
Troubleshooting	Technical Data	To track issues that might be occurring on our systems.	Legitimate Interests We have a legitimate interest in providing you with updates on our Sites and related offers where you have purchased or shown interest in similar services from us.
Marketing	Identity Data Contact Data Marketing and Communications Data	To determine what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you.	Legitimate Interests We have a legitimate interest in providing you with updates on our Sites and related offers where you have purchased or shown interest in similar services from us.
BetaTrial Subscription	Identity Data Contact Data Marketing and Communications Data Behavioral Data Technical Data	To evaluate you as a potential user of the pre-release software; to establish an account to enable your use; to evaluate interest and actual use of the software.	Legitimate Interests To indicate an interest in participating in the pre-release software trial and to actually do so; for research and development, to analyze who and how the pre-release software is used.

What happens when you do not provide necessary Personal Data?

Where we need to process your Personal Data either to comply with law, or to perform the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the functionalities of the Site).

In this case, we may have to stop you using our Products, Services, or Site have with us but we will notify you if this is the case at the time.

Personal Data from Third Party Sources

In addition to the Personal Data that we collect directly from you (as described in the section immediately above this one), we also collect certain Personal Data from third party sources. These sources are broken down in the table below, together with a description of whether they are publicly available or not.

Third party data source	Publicly available?	Category(ies) or other types of personal data received.
Credit Reference agencies	No	Identity Data Contact Data Transaction Data
Social Media sites	No	Identity Data Contact Data
Our Affiliates	No	Identity Data Contact Data Marketing and Communications Data
Analytics Providers	No	Behavioral Data Technical Data
Advertisers	No	Behavioral Data Technical Data
Data brokers	No	Identity Data Contact Data Behavioral Data Technical Data

How we use cookies and other tracking or profiling technologies

Cookies

What are cookies?

We may collect information using “cookies”. Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Sites.

We use two broad categories of cookies:

First party cookies, served directly by us to your computer or mobile device; and
Third party cookies, which are served by our partners or service providers on our Site.

Cookies we use

Our Sites use the following types of cookies for the purposes set out below:

Type of cookie	Purpose
Essential Cookies	These cookies are essential to provide you with services available through our Services and Sites and to enable you to use some of its features. For example, cookies allow you to log in to secure areas of some of our Sites. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Functionality Cookies	These cookies allow our Sites to remember choices you make when you use our Sites, such as remembering your language preferences, remembering your login details, remembering previously completed form data, and remembering the changes you make to other parts of our Site which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences or contact information every time you visit our Sites.
Analytics and Performance Cookies	These cookies are used to collect information about traffic to our Services and Sites and how users use our Services Sites. The information gathered via these cookies does not “directly” identify any individual visitor. However, it may render such visitors “indirectly identifiable” This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access our Sites. The information collected is aggregated and anonymous. It includes the number of visitors to our Sites, the websites that referred them to our Sites, the pages they visited on our Services and Sites, what time of day they visited our Services and Sites, whether they have visited our Sites before, and other similar information. We use this information to help operate our Services and Sites more efficiently, to gather broad demographic information and to monitor the level of activity on our Services and Sites.We use Google Analytics for the above purpose. Google Analytics uses its own cookies. It is only used to improve how our Services and Sites: developers.google.com/analytics/resources/concepts/gaConceptsCookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html.
Targeted and advertising cookies	These cookies track your browsing habits to enable us to show advertising that is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.
Social Media Cookies	These cookies are used when you share information using a social media sharing button or “like” button on our Sites or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter, or Google+. The social network will record that you have done this.

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help,” “tools,” or “edit” facility). Many browsers are set to accept cookies until you change your settings.If you do not accept our cookies, you may experience some inconvenience in your use of our Services or Sites or be prevented from using the Services entirely. For example, we may not be able to recognize your computer or mobile device and you may need to log in or re-enter your contact information every time you visit our Sites.

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com/uk/.

In particular, you can disable cookies which remember your browsing habits and target advertising at you by visiting www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.

You can also prevent the use of Google Analytics relating to your use of our Sites by downloading and installing the browser plugin available via this link: tools.google.com/dlpage/gaoptout?hl=en-GB

Who we share your Personal Data with

The table below describes who we share your Personal Data with, what we share, and why we share it.

We share your Personal Data within Hazelcast, Inc. This will involve transferring your data outside the European Economic Area (“Europe”).

Many of our external third parties are based outside Europe, so their processing of your Personal Data will involve a transfer of data to countries based outside of Europe.

We endeavor to ensure that people to whom we provide Personal Data hold it subject to appropriate safeguards and controls. Whenever we transfer your Personal Data out of Europe, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented.

Many of our external third parties are based outside Europe, so their processing of your Personal Data will involve a transfer of data to countries based outside of Europe.

We endeavour to ensure that people to whom we provide Personal Data hold it subject to appropriate safeguards and controls. Whenever we transfer your Personal Data out of Europe, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented.

We may transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see European Commission: Adequacy of the protection of Personal Data in non-EU countries.
Where we use service providers outside Europe, we may use specific contracts approved by the European Commission, which give Personal Data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of Personal Data to third countries.
Where we use service providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between Europe and the U.S. For further details, see European Commission: EU-U.S. Privacy Shield.

Recipients	Category(ies) of Personal Data we share	Why we share it	Location(s)
Our Affiliates	Identity Data Contact Data	Our affiliates help us provide our service and help manage our customer relationships (including providing customer support, customer liaison etc).	Within Europe The United States
Service Providers	Identity Data Contact Data Technical Data	Our service providers provide us with IT and system administration services.	Within Europe The United States
Professional advisers	Identity Data Contact Data	Our lawyers, bankers, auditors and insurers provide consultancy, banking, legal, insurance, and accounting services.	Within Europe The United States
HM Revenue and Customs, regulators and other authorities	Identity Data Contact Data	Authorities may require reporting of processing activities in certain circumstances.	Within Europe

How we keep your Personal Data secure

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.

We limit access to your Personal Data to those employees and other staff who have a business need to have such access. All such people are subject to a contractual duty of confidentiality.

We have put in place procedures to deal with any actual or suspected Personal Data breach. In the event of any such breach, we have systems in place to work with applicable regulators. In addition, in certain circumstances (e.g., where we are legally required to do so) we may notify you of breaches affecting your Personal Data.

How long we store your Personal Data

We will only retain your Personal Data for so long as we reasonably need to use it for the purposes set out above “How we use your Personal Data and why”, unless a longer retention period is required by law (for example for regulatory purposes).

The table below shows our standard retention practices:

Category of Personal Data
Behavioral Data	For so long as retention is necessary to fulfill the Purposes/Use for which it is used (see “How we use your Personal Data and why”).
Identity, Contact, Marketing and Communications Data	For so long as you remain a customer of ours.

Our policy on children

Our Sites are not intended for children below 16 and we do not knowingly collect data relating to such children.

Third party links

Our Sites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share your Personal Data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave one of our Sites, we encourage you to read the privacy policy of every site you visit.

Hazelcast, Inc., 2018