Effective Date: 01 January 2020
1. About AppDynamics
AppDynamics LLC ("AppDynamics") is a limited liability company located at 303 Second Street, 8th Floor, North Tower, San Francisco, CA 94107. Full company details of AppDynamics and AppDynamics affiliates that may process your personal information can be access here by clicking on ‘Locations’.
AppDynamics and our affiliates ("we", "us", or "our") are committed to protecting and respecting your personal information and privacy. In this policy, “personal information” means any information that could be used to identify you personally.
Changes we may make to this policy will be made by updating this page. If we modify this policy, we will post the revised version here, with an updated revision date. Please check back frequently to see any updates to this policy. We may also notify you of changes by other means, such as by posting a notice on our website or sending you a notification. By continuing to use our website after such revisions are in effect, you accept and agree to the revisions.
3. Data Protection Officer and Contact Details
AppDynamics is part of the Cisco Systems, Inc. (“Cisco”) group of companies. You can learn more about this here. Cisco’s Chief Privacy Officer and Data Protection & Privacy Officer are the responsible data protection officers for AppDynamics. AppDynamics itself has a network of privacy champions throughout its business.
AppDynamics has appointed Cisco Systems Belgium BVBA/SPRL, company number 0447.138.227, located at De Kleetlaan 6A - Pegasus Park, B-1831 Diegem, Belgium as its designated representative in the EU.
Questions regarding this policy and AppDynamics’ privacy practices are welcomed and can be directed to Cisco’s privacy officers and AppDynamics’ designated representative in the EU by emailing email@example.com.
4. Where We Store Your Information
We are a global organization and so the personal information that we process may be transferred to, and stored at, a destination other than the country in which the information was collected or provided (personal information is frequently transferred to the United States because that is where we are headquartered). Where we transfer your personal information outside the United Kingdom or the European Economic Area, we will ensure that your personal information is protected by appropriate safeguards as required by applicable data protection laws. These safeguards may include, in particular, the EU standard contractual clauses and the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield.
Your personal information may also be processed by our staff at any of our locations around the world or by the staff of our suppliers at any of their locations around the world. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services.
Your personal information may be stored on our servers or those of our third party service providers.
Where we have given you (or where you have chosen) a password that enables you to access certain parts of our website or our products, you are responsible for keeping this password confidential. You should not share your password with anyone.
5. AppDynamics Products
Some of our products may be used by our customers to collect information that is or could be personal information and which we process on their behalf. We may have no direct relationship with the individuals whose personal information we process in this way. An individual who seeks access to, or who seeks to correct, amend or delete inaccurate, data which we process on behalf of one of our customers should direct its query to our customer (as the data controller). We use and disclose such personal information as permitted by the agreement(s) between our customer and us and/or as required by law.
6. Information We May Collect From You
(a) Information you give to us: You may provide us with certain personal information. Such information includes but is not limited to, your name, email address and company information. You may give us this information when you (i) complete forms on our mobile apps and website; (ii) subscribe to our services (such as newsletters or white papers); (iii) use community forums on our website; (iv) follow or interact with us on social media; (v) attend training sessions or our events; or (vi) communicate with us by phone, email, social media or otherwise. To enable us to provide certain newsletters or whitepapers, we require certain basic information and without this you will not be able to access our newsletters or white papers.
(b) Information when you use our mobile apps: When you use our mobile apps we may automatically collect the following information:
(i) Device information: We may collect information about the device including, where available, the device's unique device identifiers, operating system, browser type and, if a mobile device, mobile network information as well as the device's telephone number;
(ii) Location information: If you use any location-enabled services that we may offer, we may collect and process information about your actual location. Some of these services may require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your information being used for this purpose; and
(iii) Unique application numbers: when you install or uninstall an app containing a unique application number or when such a service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
(c) Information from visits to our websites: Each time you visit our website we may automatically collect the following information:
(i) Technical information, including the Internet protocol (“IP”) address used to connect your computer to the Internet (which may allow us to identify your geographic location), your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
(ii) Information about your visit, including the full Uniform Resource Locators (“URL”) clickstream to, through and from our website (including date and time); page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
(d) Information from your use of our products: We use our own products to monitor the use of our products by our customers. If you use our products, we may automatically collect metrics on your activities, such as details of when you are using the products, web pages visited, length of visit, interactions with the user interface, which features of our products you use and how often, how many agents have been installed and the application types being monitored and other information about your technology environment and devices used (including unique device identifiers, operating system, browser type and mobile network information).
Our products also collect metrics that relate to the performance, health and resource of servers, databases applications and other technology, as well as their components (transactions, code libraries) and the related infrastructure (nodes, tiers) that service those components.
(e) Information we receive from other sources: We work closely with third parties (for example, business partners, resellers, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) and may receive information about you from them to enable us to customize your experience on our website with personalized content.
(f) Information we need from you to provide our products: You may provide us with personal information that we ask you for to set up an account to use our products. This personal information is mandatory and without this personal information we cannot provide access to our products.
8. Why We Collect Information from you and How We Use It
Your personal information may be used in particular to:
(a) carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
(b) provide you with information about other products and services we offer;
(c) respond to your requests and questions;
(d) notify you about changes to our company, products or services, and changes to our terms and conditions;
(e) ensure that relevant content from our website is presented in the most effective manner for you and for your device;
(f) administer our website and products, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(g) improve our website and products and to ensure that content is presented in the most effective manner for you and your device;
(h) allow you to participate in interactive features of our website, products and services when you choose to do so, including but not limited to sweepstakes, contests and social media engagements;
(i) help keep our website, products and services safe and secure;
(j) measure and understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
(k) make suggestions and recommendations to you and other users of our website about products or services that may interest you or them;
(l) for the purposes of fraud protection and credit risk reduction;
(n) comply with applicable legal or regulatory requirements, legal process or enforceable governmental request relevant industry standards and our policies.
We also may use the information in other ways for which we provide specific notice at the time of collection.
9. Lawful Basis for Processing
We rely on the following legal bases, under data protection laws, to process your personal information:
(a) because the processing is necessary to perform a contract with you or take steps prior to entering into a contract with you (for example, where you have purchased a product and / or service from us, we use your personal information to process payment and fulfil your order);
(b) where you have expressly consented to the use of your personal information, because we have obtained your consent (for example, if you consent to our sharing your personal information with a third party for marketing purposes);
(c) because it is in our legitimate interests as a provider of an application and business performance monitoring software platform to maintain, improve and promote our products and services (for example, we use information about you to tailor your view of our website to make it more interesting and relevant in respect of the products and services on view) and for the reasons set out above in Section 8;
(d) when we have a legal obligation to process your personal information.
10. Marketing to you
We may use personal information held about you to provide you, or permit selected third parties to provide you, with information about products or services we feel may interest you. This may be by contacting you by phone or by email.
If you do not want us to use your personal information in this way, or to pass your details onward to third parties for marketing purposes, you can unsubscribe from such emails using the link provided in emails, tell your AppDynamics contact or email us at firstname.lastname@example.org. Note that you may still receive administrative emails (for example, regarding updates to our terms) or transactional emails (for example, related to a purchase you make) from us.
11. Disclosure of Your Information
We will never sell or share your information to any third party for marketing purposes, without your express written consent. However, in the course of providing our services, we may share your personal information, as detailed below.
In an ongoing effort to better understand and serve the users of our website, services and products, we often conduct research on customer demographics, interests and behavior based on the personal information and other data provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregated information does not identify you personally.
We may also disclose aggregated user statistics in order to describe our products to current and prospective business partners, and to other third parties for other lawful purposes.
We also share your personal information with selected third parties including:
(a) our affiliates, business partners, resellers, suppliers and subcontractors for the performance of any contract we enter into with them or you. When we employ another company to perform a function of this nature, we strive to provide them with the minimum personal information that they need to perform their specific function;
(b) partners and service providers with whom we have a strategic relationship or that perform work for us to provide products and services to you. These third parties may help us host and/or analyze data, process information, fulfill orders, deliver products or information, manage and enhance user data, provide customer service, assess your interest in products and services or conduct user research and surveys. These companies are obligated to protect your personal information and may have their own privacy policies if you link to or access their websites or systems; and
(c) analytics and search engine providers that assist us in the improvement and optimization of our website.
We may disclose your personal information to third parties:
(a) including any of our affiliates:
(i) where necessary to perform a contract with you or take steps prior to entering into a contract with you (for example, where you have purchased a product and / or service from us, we use your personal information to process payment and fulfil your order);
(ii) because it is in the affiliate’s legitimate interests as a provider of an application and business performance monitoring software platform to maintain , improve and promote their products and services (for example, they use information about you to tailor your view of our website to make it more interesting and relevant in respect of the products and services on view) and for the reasons set out above in Section 8.
(b) in the event that we sell or buy any business or assets, in which case we may disclose your information to the prospective seller or buyer of such business or assets;
(d) to detect, prevent or otherwise address security or technical issues;
(e) if substantially all of our assets are acquired by a third party, in which case information held by us about our customers will be one of the transferred assets; or
(f) if we are under a duty to disclose or share your information in order to comply with any applicable law, regulation, legal process or enforceable governmental request, or in order to enforce any agreements with you or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
12. How long do we keep your information
Your information will be stored for only as long as necessary for the purposes set out above and so this period will vary depending on your interactions with us (for instance, where you have made a purchase with us, we will keep a record or your purchase for the period necessary for invoicing, warranty and tax purposes and to ensure the adequate provision of services to you, whether via the use of our website or contractually for our products). We may also keep a record of dealings with you for as long as is necessary to protect us from a legal claim.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Where you have an account with us that is used to access our products, we will delete this if you are inactive for 12 months. This does not affect your organisation’s licence to use our products (if one is in place).
We take appropriate steps to protect the personal information we receive from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We restrict access to personal information to AppDynamics employees, contractors, business partners, and agents who are subject to strict contractual obligations.
However, no Internet or email transmission is ever fully secure or error-free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal information to us.
We ask that you not send us, and you not disclose, any sensitive personal information to us directly or through our products (such as protected health information, passwords and authentication/authorization credentials for other services, credit card numbers or other financial information other than for the purpose of making payment to us, driver’s license numbers, passport numbers, social security numbers or information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership).
14. Your Rights
Subject to applicable law, you can request to access, correct, or delete your personal information. In certain circumstances, you have the right to restrict access to your personal information and object to your personal information from being used in a specific manner. Such requests can be made by contacting us at email@example.com. We will respond within a reasonable timeframe but not later than any required timescales set out under applicable law. However, please note that there are limitations to these rights and there may be circumstances where we are not able to comply with your request.
Subject to applicable law, if you are based in the EU, you have the right to lodge a complaint with the UK Information Commissioner’s Office or other EU data protection authority for our failure to act upon your exercise of your rights.
15. Withdrawing your consent to us using your information
You may withdraw any consent you previously provided to us for the processing of your personal information by contacting us at firstname.lastname@example.org. As required by applicable law, we will apply your preferences going forward, within a reasonable amount of time. Even where you withdraw your consent, we may still process your personal information for limited purposes, for example, to give effect to your request or to safeguard our business. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot use some of our products or services.
We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not submit any personal information through our website or products. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our policy by instructing their children never to provide personal information through our website or products without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us through our website or products, please contact us at email@example.com, and we will endeavour to delete that information from our databases.
17. Your California Privacy Rights
California Consumer Privacy Act (CCPA):
In the last twelve months, AppDynamics may have collected, used, and shared, for business purposes, personal information about you as described in this policy. Each category of data may be used by AppDynamics or shared with third parties also as described in this policy. Residents of California have the right to request access to and deletion of the information AppDynamics holds about them. Such requests may be submitted by email to firstname.lastname@example.org. AppDynamics will not sell your personal information without your consent.
AppDynamics will not discriminate against you for exercising your rights under CCPA. Specifically, we will not:
- Deny access to our software and/or services;
- Charge a different rate for the use of our software and/or services; or
- Provide a different quality of service.
California Shine the Light:
Applicable California privacy legislation permits individuals who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request to access such information, please contact us as follows: email@example.com. Within 30 days after receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
AppDynamics qualifies for the alternative option. We have a comprehensive privacy statement, and provide you with details on how you may either opt-out or opt-in to the use of your personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information for marketing purposes during the preceding year.
18. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
AppDynamics, LLC is a wholly owned subsidiary of Cisco. Cisco participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Cisco’s certification also covers AppDynamics LLC. AppDynamics LLC is committed to treating all personal information received from EU member countries and Switzerland, respectively, in accordance with the relevant Privacy Shield Framework applicable principles. To learn more about the Privacy Shield Frameworks, and to view the certification, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov. AppDynamics is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. AppDynamics complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, AppDynamics is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
19. Third Party Links
Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these third parties. Please check these policies before you submit any information to these websites.
20. Public Forums
Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
If you require language assistance to review this policy, please contact email@example.com.