Privacy Policy

Protecting your privacy is really important to us. With this in mind, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services.

In this Privacy Policy:

• We’ll refer to our website as the “Site”.
• We’ll refer to MontaVista Software, Inc. as MontaVista or “we” or “us” or “our”.
• We’ll refer to all the products and services we provide, individually and collectively, as the “Services”.
• We’ll refer to you, the person or entity accessing our Site or using our Services, as “you” or “your”.

Some other definitions we’ll be using in this Privacy Policy

What is a Data Controller? For general data protection regulation purposes, the “data controller” means the organization (in this case, MontaVista Software, Inc.) who decides the purposes for which and the way in which any personal data is processed. As a Data Controller, we are bound by the requirements of the General Data Protection Regulations (the “GDPR”).

What is Data Processing? Data processing is any operation or set of operations performed upon Personal Information (whether automated or not). Examples of data processing explicitly listed in the text of the GDPR are: collection, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, disseminating or making available, aligning or combining, restricting, erasure or destruction.

What is Personal Information? Personal information is any information which is about you, from which you can be identified.

What Regulations Apply to this Policy?

There are many privacy regulations to address, not to mention our policy of ensuring our customers’ privacy. So, while we address the requirements of each applicable privacy regulation or law, we do so across the board for all customers and all regulations, and all personal data is treated with the same level of care.

Applicable regulations include, but are not limited to:

• The GDPR;
• The US Health information Portability and accountability Act (“HIPAA”); and
• The California Consumer Protection Act (“CCPA”), and other related Privacy laws of California, or other US states and territories.

While we handle all personal information equally (this means we likely surpass the requirements for a specific single regulator), we respond to requests about the information per the residency of the person affected (for example, someone resident in the EU we would be handled per the GDPR; and for a California resident, per the CCPA and other California Privacy laws and regulations).

What information do we collect?

We may collect the following types of personal information from you:

• Your name and email address
• Your company’s name and physical address
• Information you choose to provide us through our forums or our services
• We may retain server logs which include the IP address of every request to our server

We may also collect and aggregate information about the use of our Site and our Services. That information could include information such as your Internet Protocol (IP) address (an IP or Internet Protocol Address is a unique numerical address assigned to a computer as it logs on to the internet), browser type, operating system, the web page that you were visiting before accessing our Site, the pages or features of our Site which you browsed and the time spent on those pages or features, search terms, the links on our Site that you clicked on and other statistics. If you access our Site using a mobile device, we collect information such as a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.

What do we use your Personal Information for?

We will use your Personal Information, in compliance with this Privacy Policy to help us deliver the Services to you. Any of the information we collect from you may be used in any of the following ways:

• To compile statistics and analysis about your and other customers’ use of our Site and our Services.
• To personalize your experience — your Personal Information helps us to better respond to your individual needs.
• To improve our Site and our Services — we continually strive to improve our site offerings based on the information and feedback we receive from you.
• To improve customer service — your Personal Information helps us to more effectively respond to your customer service requests and support needs.
• To send periodic emails — the email address you provide may be used to send you information, notifications that you request about changes to topics or in response to your username, respond to inquiries and/or other requests or questions, or to alert you of updates to protect your system from new types of online attacks and to send periodic emails containing information relevant to your account and the products you use.

We may also use your Personal Information where necessary for us to comply with a legal obligation, including to share information with government and regulatory authorities when required by law or in response to legal process, obligation or request.

• We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose your Personal Information to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

How do we protect your Personal Information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit or access your personal information.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow). These cookies enable the site to recognize your browser and, if you have a registered account, associate it with your registered account. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Site. We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Site or the Services.

• Essential cookies: These cookies help run our site and make your experience better. These include cookies that allow you access to a members only part of the site or help the content of our site load quickly. These cookies are only used to provide you with these services.
• Functionality cookies: These cookies allow the site to remember preferences you have selected such as login details or other selections you may have made. These are designed to make it easier to use our site and not have to set the same preferences every time.
• Social Media cookies: We may use social media tools on our site; these cookies allow the social media network to record when you have liked or engaged with a social media tool on our site. In some situations, the social network may send us data that you have set to share. If you do not want the social media network to share information with us, please check your privacy settings with the social media network.
• Advertising cookies: These cookies allow us to track browsing habits as you visit the site. Based on your browsing history and with your permission, we may use third-party advertising partners who can then display to you a relevant ad when you are on a third-party site such as a social media platform. Within these cookies, we may also know your precise location such as latitude, longitude, GeoIP, and other location-specific information. Please see below for your choices on cookies and the use of advertising.

We may also collect information via standard server logs or clear GIFs (also known as “Web beacons”). Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. We, or third-party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality. Social media tools, like widgets and plug-ins, may be offered so you can share information on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on our Site, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the privacy policy of the company providing them, not by this Privacy Policy. If we link or associate any information gathered through passive means with Personal Information, we treat the combined information as Personal Information under this Privacy Policy. Otherwise, we use information collected by passive means in non-personally identifiable form only.

We use the following third-party advertising cookies to present you with opportunities to access Services on our Site: We use Google Analytics cookies to allow us to see how you use our Services so that we can improve your experience. We encourage you to read the Google Privacy Policy. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on. Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Personal Information collected to track and examine the use of our Services, to prepare reports on its activities and share them with other Google services. Google may use the Personal Information collected to contextualize and personalize the ads of its own advertising network. Personal Information collected: Cookies and Usage Data. Place of processing: United States.

“Do Not Track” options will not affect how we use your Personal Information.

Although we do our best to honor the privacy preferences of our customers, we are not able to respond to Do-Not-Track signals from your browser at this time. As discussed above, we track websites and app usage information through the use of cookies for analytic and internal purposes only. Because we do not collect this information to track you across websites or apps over time, your selection of the “Do Not Track” option provided by your browser will not have any effect on our collection of cookie information for analytics or internal purposes.

Do we disclose any information to outside parties?

Except as set out below, we do not sell, trade or otherwise transfer to outside parties your personally identifiable information. Non-personally identifiable visitor information, however, may be provided to other parties for marketing, advertising or other uses. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. We may also release your Personal Information when we believe release is appropriate to comply with the law, enforce our site policies or protect our or others’ rights, property or safety.

Your Personal Information may also be transferred to another company in the event of a transfer, change of ownership, reorganization or assignment of all or part of our businesses or assets. This will occur if the parties have entered into an agreement under which the collection, use and disclosure of the information is limited to those purposes of the business transaction, including a determination whether or not to proceed with the business transaction. You will be notified via email or prominent notice on our websites for thirty (30) days of any such change in ownership or control of your personal information or as otherwise may be required or permitted by law.

How do we handle global transfers and processing of your Personal Information?

Our Site is operated in the United States. If you are located in another jurisdiction, please know that your information will be transferred to, stored, and processed in the United States. By using this site and providing us with information, you consent to this transfer, processing, and storage, of your information in the United States. It is important to note that the privacy laws in the United States may not be as comprehensive as those in other countries such as the European Union. Our service providers use appropriate safeguards to transfer your personal data to the United States, and this is provided for in the data protection agreements with those service providers.

• Data that we collect from you may be processed by staff operating outside the U.S. who work for us or for one of our suppliers. For example, such staff may be engaged in the processing of an order for our Services, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to make sure that your data is treated securely and in agreement with this privacy policy.
• Data that is provided to us is stored on secure servers. Details relating to any transactions entered into via our site or service providers sites will be encrypted in motion and at rest.
• The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain areas of our site, you are responsible for keeping this password confidential.
• For our customers licensing MontaVista products or services, it is MontaVista policy that we do not “sell” (as defined under the California Consumer Protection Act of 2018 (CCPA)) customers’ data processed by us. Our customers’ data is always treated as sensitive.
• In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Where our third-party suppliers are in the U.S. we have ensured that their services fall under the E.U. – U.S. Privacy Shield principles.

Retention of your Personal Information

We retain your Personal Information for as long as we need to fulfill our Services. In addition:

• We may keep data linked to cookies and other online identifiers up to three years.
• If we are involved in litigation or a governmental or regulatory investigation, then we keep data throughout the period of litigation or investigation and for 5 years after that. If a settlement means that we have to keep data for longer, then we keep data for the period required to administer the settlement. If we provide data to law enforcement agencies, then we keep a record of this for one year beyond the end of the investigation.

Third-party Links

Occasionally, at our discretion, we may include or offer third-party products or services on our site. This Privacy Policy only applies to our Site, so when you link to other websites you should read those separate and independent privacy policies. We have no responsibility or liability for the content and activities of these linked sites. However, we seek to protect the integrity of our site and welcome any feedback about these sites.

Children’s Online Privacy Protection Act Compliance

Our site, products and services are all directed to people who are at least 13-years-old or older. We strive to comply with the requirements of COPPA – the Children’s Online Privacy Protection Act (https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section6501&edition=prelim). If this server is in the United States, and you are under the age of 13, do not use this site. We do not knowingly collect personal information from children under the age of 18 or your country’s age of minority. If you nevertheless believe that your child has provided us with their personal information, please contact us and we will delete it.

Online Privacy Policy Only

This Privacy Policy applies only to information collected through our site and not to information collected offline.

Your Consent

By using our site, you consent to this Privacy Policy.

Your Rights

Other rights you have include the rights to:

• Ask for a copy of your Personal Information
• This is known as a Subject Access Request. If you would like a copy of some or all your Personal Information, please email privacy@mvista.com.
• Ask us to correct your Personal Information
• It is your right to lodge an objection to the processing of your Personal Information if you believe that the legal ground “relating to your particular situation” applies. The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defense of a legal claim.
• Ask us to erase certain categories or types of information
• If you choose to remove your Personal Information, you acknowledge that we may retain archived copies of your Personal Information.
• Ask us to restrict certain processing
• You have the right to object to processing of Personal Information. Where we have asked for your consent to process information, you have the right to withdraw this consent at any time.
• Obtain the information you provide in a structured, machine-readable format, and
• Ask us to transfer your Personal Information to other organizations.
• For California Residents – as of Jan 1, 2020:
You have rights as a California resident under the California Consumer Privacy Act of 2018 to:
• Ask we not sell your data.
• MontaVista does not sell, as defined by the CCPA any consumer information so we do not need or have a "do not Sell my info" button
• Request information about what information we hold on you (See above list of categories)
• Request information about the specific pieces of personal information we have collected about you.
• Request the categories of third parties with whom the business shares personal information. (Partners)
• Have inaccurate data corrected
• Request that MontaVista delete any personal information about you which MontaVista has collected about you within the limits of the California Consumer Privacy Act of 2018
• Have equal service and price, even if you exercise your privacy rights.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Contacting Us

We welcome any queries, comments or requests you may have regarding this policy please do not hesitate to contact us at privacy@mvista.com.

If you have questions on information we may hold about you, you may contact us as follows:

1. Send us a Request click here
2. Email our Data protection officer at privacy@mvista.com with the following information: Your name; Your company; Your title; Your country; Your state of residence; Your contact information.
3. Write to us at: 1726 Ringwood Avenue, San Jose CA 95131, USA.