Privacy Statement
Librato, Inc. (“Librato”) is committed to protecting your privacy. We have prepared this Privacy Statement to describe to you our practices regarding the Technical Data and Personal Data (as defined below) we collect from users of our websites, the Librato products (the “Products”), or related services.
User Consent
By submitting or making available Technical Data or Personal Data through our websites, Products, or related services, you agree to the terms of this Privacy Statement and you consent to the processing of your Technical Data and Personal Data in accordance with this Privacy Statement. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
A Note About Children
We do not intentionally gather Personal Data about visitors who are under the age of 13.
Types of Data We Collect
Librato collects Personal Data and Anonymous Data from you when you visit our site, when you send us information or communications, and/or when you download and use our Products. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data about you that is not associated with or linked to your Personal Data (but does not include Technical Data, which is covered later in this Privacy Statement); Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
Personal Data You Provide to Us
We collect Personal Data from you, such as first and last name, e-mail and mailing addresses, telephone number, professional title, company name, and password, when you purchase Products, register to receive information, or register for support forums. In addition, we (or our third-party credit card or payment processor on our behalf) will collect Personal Data including your credit card number or account information when you purchase Products or services on our websites. We also retain information on your behalf, such as the Personal Data described above and any correspondence or forum postings. If you provide us feedback or contact us via e-mail (e.g., in response to an employment opportunity posted on our websites), we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume. When you participate in one of our surveys, we may collect additional profile information. When you post messages on the message boards of our websites, the information contained in your posting will be stored on our servers and other users will be able to see it. We also collect other types of Personal Data that you provide to us voluntarily, such as operating system and version, information about your application and operating environment, and other requested information if you contact us via e-mail regarding support for the Products). We may also collect Personal Data at other points in our websites that state that Personal Data is being collected.
Personal Data Collected via Technology
To make our websites, Products, and related services more useful to you, our servers (which may be hosted by a third-party service provider) collect Personal Data from you, such as browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We may also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our websites or access your account on our network.
“Cookies” are small pieces of information that a website sends to your “computer’s hard drive while you are viewing a web site. We may use both “session Cookies (which expire once you close your web browser) and “persistent Cookies (which stay on your computer until you delete them) to “provide you with a more personal and interactive experience on our “websites. Persistent Cookies can be removed by following Internet browser “help file directions. If you choose to disable Cookies, some areas of our “websites may not work properly.
Personal Data Collected by Third Parties
We may receive Personal Data about you from other sources like telephone or fax, from companies that provide our Products or services by way of a co-branded or private-labeled website, companies that offer their products and/or services on our websites, or companies that provide services (such as payment processing services) in connection with our websites (“Partner Companies”). Our Partner Companies may supply us with Personal Data, such as your name and e-mail and mailing address information, in order to help us establish the account or fulfill orders. We may add this information to the information we have already collected from you via our websites in order to perform and improve the Products and services we provide.
Except as otherwise expressly provided in this Privacy Statement, only Librato collects Personal Data through our websites, Products, or the related services provided solely by Librato. This Privacy Statement applies only to the use and disclosure of Personal Data that we collect while you use our websites, Products, or related services.
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect Personal Data or Anonymous Data from you.
We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Statement do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party.
Use of Your Personal Data
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. Librato uses your Personal Data in the following ways: to facilitate the creation of and secure your account on our network; identify you as a user in our system; provide improved administration of our websites, Products, and related services; improve the quality of experience when you interact with our websites, Products, and related services; send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created; send you administrative e-mail notifications, such as security or support and maintenance advisories; respond to your inquiries related to employment opportunities or other requests; send promotional communications; provide you with electronic newsletters, or surveys; send upgrades and special offers related to our Products and related services and for other marketing purposes of Librato or our Partner Companies, should you request to receive such communications from us; make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Products and services and improve site navigation. Librato reserves the right to use for other purposes and to disclose Anonymous Data to third parties in its discretion.
If you provide feedback on any of our Products or related services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Technical Data or your Personal Data. Librato will collect any information contained in such communication and will treat the Technical Data and Personal Data in such communication in accordance with this Privacy Statement.
Disclosure of Your Personal Data
To disclose information to a third party, organizations must apply the notice and choice principles. Where an organization wishes to transfer information to a third party that is acting as an agent, it may do so if it makes sure that the third party subscribes to the Safe Harbor principles or is subject to the Directive or another adequacy finding. As an alternative, the organization can enter into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is.
We may share your Personal Data with third parties to provide technical support or to provide specific services, such as payment processing for purchases.
We may enter into agreements with Partner Companies. A Partner Company may want access to Personal Data that we collect from its customers. As a result, we may provide your Personal Data to a Partner Company.
While we do not control the privacy practices of our Partner Companies and encourage you to read and understand their privacy policies, we will only share your personal data with third parties that subscribe to the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework. In case a third party does not subscribe to this Framework, we will enter into a written agreement requiring that the third party provides at least the same level of privacy protection as required by this Framework.
Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Related Entities”), we may in the future. We may share some or all of your Personal Data with these Related Entities, in which case we will require our Related Entities to honor this Privacy Statement. If another company acquires our company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Statement.
Regardless of any choices you make regarding your Personal Data (as described below), Librato may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Librato; or (b) protect or defend the rights or property of Librato or users of the Products or related services.
Except as otherwise stated in this Statement, we do not sell, trade, share, or rent the Personal Data collected from our services to third parties. You expressly consent to the sharing of your Personal Data as described in this Statement.
Your Choices Regarding Your Personal Data
We will not disclose your personal data to third parties or use your personal data for purposes other than those outlined earlier in this document in the section “Use of Your Personal Data”.
In addition, we offer you choices to further limit the use, and sharing of your Personal Data. We will periodically send you free newsletters and e-mails that directly promote the use of our site or the purchase of our Products or services and may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Statement.
You may change any of your Personal Data in your account by editing your profile within the registration portion of our websites or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your account information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete account information, it will be deleted from the active database, but may remain in our archives.
Access To Your Personal Data
All of your personal data we hold is accessible to you by signing into your account through our web site and visiting your profile page, You may also correct or amend your personal data where it is inaccurate, or delete any such data that is not required by us for providing you with our service.
If you have cancelled your account with us, you can e-mail us at privacy@librato.com to request an overview of your personal data held by us and also to request us to correct, amend or delete such data.
Your California Privacy Rights
Our customers who are California residents may request and obtain from us once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to privacy@librato.com.
Types of Technical Data We Collect
Librato may collect Technical Data when our Products are deployed on your servers or when you post data to our APIs. “Technical Data” means time series data you post to our APIs, data we collect about your application, system data (such as version data, configurations, etc.) about the environment in which your application is operating, log files and codes samples for certain classes of errors, and other similar data related to your application or use of our services.
Use of Your Technical Data
Technical Data we collect is primarily used to display information back to the account user. It is also used by Librato personnel to answer questions that customers may have about their account and to develop and improve our products. Librato may also aggregate Technical Data across multiple accounts and use this data to create and publish industry benchmarks or comparative application performance metrics. Individual Technical Data collected by Librato will not be identifiable in the aggregated data.
Disclosure of Your Technical Data
We may share your Technical Data with third parties to provide technical support or to provide specific services.
We may enter into agreements with Partner Companies such as hosting companies or other services providers. A Partner Company may want access to Technical Data that we collect from its customers. As a result, we may provide your Technical Data to a Partner Company on a confidential basis in order assist the Partner Company in providing customer support. Because we do not control the privacy practices of our Partner Companies, you should read and understand their privacy policies.
Librato may disclose Technical Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Librato; or (b) protect or defend the rights or property of Librato or users of the Products or related services.
Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Related Entities”), we may in the future. We may share some or all of your Technical Data with these Related Entities, in which case we will require our Related Entities to honor this Privacy Statement. If another company acquires our company or our assets, that company will possess the Technical Data collected by it and us and will assume the rights and obligations regarding your Technical Data as described in this Privacy Statement.
Except as otherwise stated in this Statement, we do not disclose the Technical Data collected from our services to third parties without consent from you. You expressly consent to the sharing of your Technical Data as described in this Statement.
Notwithstanding the above, on your explicit request and within the limits of applicable laws we will inform you about our intent to disclose your Technical Data to third parties, and only disclose your Technical Data with your consent. Please email us at privacy@librato.com to request disclosure of your Technical Data to be treated in this manner.
Security of Your Technical and Personal Data
Librato is committed to protecting the security of your Technical Data and Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Technical Data and Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that Librato cannot fully eliminate security risks associated with Technical Data and Personal Data and mistakes and security breaches may happen.
Our Commitment to GDPR
On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) takes effect. GDPR regulates the governance of personal data for EU citizens with an emphasis on data security and privacy. The GDPR does not only apply to companies that operate in the EU. This regulation will also impact companies operating outside of the EU if they have any EU customers or personal data of anyone in the EU.
SolarWinds® has made information security and data privacy foundational principles of everything we do, and we recognize the importance of passing regulations to advance information security and data privacy for citizens of the EU. We are firmly committed to GDPR readiness.
Contact Information
Librato welcomes your comments or questions regarding this Privacy Statement. Please e-mail us at privacy@librato.com or contact us at the following address:
Librato, Inc. Attn: Legal Department. 535 Mission St. Suite 2100 San Francisco, CA 94105.
Changes to This Privacy Statement
This Privacy Statement is subject to occasional revision, and if we make any substantial changes in the way we use your Technical Data and Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our websites. Any material changes to this Privacy Statement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you of the changes, thirty (30) calendar days following our posting of notice of the changes on our site, or the date that you accept the changes (e.g., by clicking an “I Accept” button or similar means). These changes will be effective immediately for new users of our websites, Products or related services. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Statement may affect our use of Technical Data or Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Technical Data or Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our websites, Products, or related services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Last Updated: Sep 15, 2016