Privacy Policy

nTopology Inc. (“nTop”, “Company”, “we”, or “our”) respects your (“user” or “you” or “your”) privacy and is committed to protecting your personal information that you share with us. This page explains our policies and practices regarding the collection, use, and disclosure of your personal information (“Privacy Policy”) by nTop in connection with your use of the https://ntop.com website (the “Site”) and through nTop’s services, products, software, webinars, marketing activities, service providers, business and channel partners together with any other website that we own or control and which posts or links to this Privacy Policy (collectively, “Service”). When the term “personal information” is used in this Privacy Policy, it shall be interpreted to have the same meaning as “personal data'' or as otherwise defined by applicable law.

Note that this Privacy Policy applies to information that you provide through the use of our Service. From time to time, you, and your affiliates/representatives, may enter into a separate license or other agreement with us, subject to different terms and conditions (each, a “Supplemental Agreement”). If any Supplemental Agreement provision conflicts with this Privacy Policy, the provision of the Supplemental Agreement shall prevail.

Our Terms of Use sets out restrictions and limitations governing the use of the Site and Service. Please read our Terms of Use carefully before you start using the Site.

Depending on your location, residence or citizenship, some additional terms as detailed in this Privacy Policy may be applicable to you. Additionally, we provide important information for individuals located in certain US states, the European Union, European Economic Area, and United Kingdom (collectively, “Europe” or “European”) below.

1. Personal Information We Collect

Information you give us:

Personal information that you may provide through our Service or otherwise communicate with us includes:

• Personal and business contact information, such as your first name, last name, address, email address, phone number, job title, and employer name;
• Feedback and correspondence that you provide when you correspond with us;
• Usage information, such as information about how you use our Service and interact with us; and
• Marketing information, such as your preferences for receiving marketing communications and details about how you engage with them.

Information we get from others:

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including from our customers, third parties, or publicly available sources and we may add this to information we get from our Service.

We may combine other publicly available information, such as information related to the organization for which you work, with the personal information that you provide to us through our Site.

Information automatically collected:

We, our service providers, and our business partners may also automatically log information about you, your computer or mobile device, and activity occurring on or through our Service. The information that may be collected automatically includes your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. Our service providers and business partners may collect this type of information over time and across third party websites and mobile applications.

See the Cookies section below for more information.

2. Use of Personal Information

We intend to use your personal information for the following purposes:

To operate our Service. We use your personal information to:

• provide, administer, and operate our Service;
• support your relationship with nTop by designing content that is suitable to your needs and alerting you to new product and service offerings as they become available;
• to monitor the usage and performance of Service;
• to enhance our Service for optimal user experience;
• help diagnose problems with our Service;
• provide maintenance, support, and customer service for our Service;
• create a user profile to better serve you; and
• contact you either electronically or otherwise.

For research and development. We analyze your use of our Service to conduct research and analysis, improve our Service, and to develop new products and services, including by studying user demographics and overall use of our Service and other products and services.

To create anonymous data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve our Service and promote our business.

To send you marketing and promotional communications. We may send you nTop-related marketing communications as permitted by law. In addition, we may use personal information that we get from you or our business partners in order to provide marketing for webinars that we are involved in hosting. You will have the ability to opt-out of our marketing and promotional communications as described in the Access and Choice section below. Note that this opt out does not apply to information provided to nTop as a result of a product or service purchase, or other transactions.

To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities, as detailed below.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to:

• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
• enforce the terms and conditions that govern our Service; and
• protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

Access and Choice. nTop has implemented the following procedure that you may use to access, correct, or delete your personal information, or choose how your information is used:

• Access, Update, Correct or Delete your Information
  If you would like to correct any inaccurate personal information that nTop maintains about you or if you wish to review, update, or delete such personal information (including if you decide that we should not use your personal information to contact you), please submit a request by clicking here.
• Marketing Communications
  If you wish to opt-out of receiving email marketing communications from nTop, please contact us or click the “Unsubscribe” in the applicable marketing communication(s). If you opt out, we may still send you non-promotional communications, such as those about your account or to facilitate services that you have ordered, made or accepted.

3. Disclosure of Personal Information

Affiliates

We may disclose your personal information to our subsidiaries and corporate affiliates for purposes consistent with this Privacy Policy.

Service Providers

We may employ third party companies and individuals to administer and provide services on our behalf (such as training, customer support and/or billing, hosting, email delivery and database management services). These third parties may use your information only as agreed to with nTop and subject to their own privacy policies.

Professional Advisors

We may confidentially disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Compliance with Laws and Law Enforcement; Protection; and Safety

nTop may disclose information about you to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the Terms of Use that govern our Service; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

Business Transfers

nTop may sell, transfer or otherwise share some or all of its business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Marketing Activities/Joint Webinars

nTop may share personal information with our business partners for marketing, advertising or product/service offering purposes in connection with joint webinars or related marketing activities.

4. Automatic Data Collection

Cookies

In addition to your available choices discussed above, you also have certain choices with respect to cookies. A cookie is a small file placed on the hard drive of your computer. Browser cookies allow websites and various third parties to distinguish your device from others by having the cookie consist of an anonymous unique identifier or other data. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Site and use them to recognize you when you return to our Site. You may refuse to accept browser cookies at any time by selecting so in our Cookie Consent at the bottom of this page or by activating the appropriate setting on your browser. However, if you select this setting or otherwise do not consent to certain cookies, you may be unable to access certain parts of our Site. Unless you have selected so in our Cookie Consent or adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

We do not collect personal information automatically, but we may tie automatically collected information to personal information about you that we collect from other sources you provide to us.

Other technology

The technologies we use for data collection may also include:

• Web Beacons. Our Service may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit nTop, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content).
• Third Party Services. We use third party services such as those listed below to improve and help understand your use of the Site.
  • Google Analytics™. Our Service uses Google Analytics to help analyze how users use the Site. Google Analytics is a web analytics service. Web analysis is the gathering, collection and analysis of data about the behavior of visitors to websites. You may set preferences by utilizing the Google Analytics Opt Out Browser but such preference may prevent you from accessing certain information or using certain parts of our Service. More information about Google Analytics can be found here: (https://policies.google.com/privacy).
  • Cloudfare™. Our Service uses Cloudfare to analyze how users navigate through the Site from a security standpoint. More information about Cloudfare can be found here: (https://www.cloudflare.com/privacypolicy/).
  • Hotjar™. Our Service uses Hotjar to help analyze how users use the Site. Hotjar is a web analytics service. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices, including pages visited, actions which are taken, IP address, device screen size, device type, browser information, operating system, and geographic location. Hotjar does not track your browsing habits across websites which do not use Hotjar services. More information about Hotjar can be found here: (https://www.hotjar.com/legal/policies/privacy/).
  • Other third party services include (with their respective privacy policies linked) Zoominfo™, Salesforce™, Marketo™, LinkedIn™ and Facebook™, which collect data and track users of our Service for the purpose of analyzing and customizing billing, marketing and advertisements to and for users.

5. Other Privacy Information

Accuracy and Security

The accuracy and security of personal information is important to nTop. If you contact us to correct your personal information, we will attempt to correct such inaccuracies in a timely manner.

nTop is concerned with the security of your personal information and is committed to taking reasonable steps to protect it from unauthorized access and use of that personal information. To that end, we put in place the appropriate policies and procedures to secure your personal information. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to ensure the safety of your personal information.

Do Not Track Signals

Some internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not currently respond to do not track signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com (http://www.allaboutdnt.com).

External Links

The Site provides links to other third party websites. Even if the third party is affiliated with nTop through a business partnership or otherwise, nTop is not responsible for the privacy policies or practices or the content of such external links. These links are provided to you for convenience purposes only and you access them at your own risk.

Children

As a general rule, our Service is not meant for children, and we do not knowingly collect personal information from them. No one under age 16 years (a “child” or “children”) may provide any personal information to or on our Site.

If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents or legal guardians with questions or concerns on the matter to contact us.

Public Forum and Messaging

nTop may offer public discussion and comment forums and bulletin boards. Please note that information that you disclose in these forums becomes public. Use caution in disclosing any personal information. The Site may also allow you to post public comments or exchange messages with other users. We may store these comments and messages in order to post and deliver them and allow you to manage them.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time by updating the date above. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, you will be notified via e-mail or similar electronic notice (if you have an account where we have your contact information) or another manner through our Service that we believe reasonably likely to reach you (which may include posting a new privacy policy on our Site or a specific announcement on this page or on an nTop blog https://ntop.com/resources/blog/.

Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on our Service (or as otherwise indicated at the time of posting). In all cases, your continued use of our Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive Personal Information

We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through our Service, or otherwise.

If you provide us with any sensitive personal information when you use our Service, you consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Service.

Data Security

We take all reasonable steps to protect information we receive from you from accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access. We have put in place reasonable technical and administrative measures to safeguard and secure your information, and we make use of privacy-enhancing technologies such as encryption. If you have any questions about the security of your personal information, you can contact us.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site or Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. As part of your user account, you may authorize any number of users to view your information with both the right to invite and revoke these permissions at any time

Retention

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, billing, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.

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 unauthorized 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.

Privacy Policy and Terms of Use

This Privacy Policy must be read in conjunction with our Terms of Use, and the provisions of our Terms of Use are incorporated herein. To the extent the Terms of Use conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

6. Jurisdictional Specific Privacy Information

USA - State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. If you are a resident of one of the states identified in this section, that state’s law may provide you with additional rights.

California

• California’s “Shine the Light” law. Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their marketing purposes. To make such a request, please contact us. Please note that under California law, businesses are only required to respond to a user’s request once during any calendar year.
• Do-Not-Track. California law requires that we disclose to users how we treat do-not-track requests. As of the date of this Privacy Policy’s publishing, the internet industry has not yet agreed on a definition of what “Do Not Track” means, how compliance with “Do Not Track” would be measured or evaluated, or a common approach to responding to a “Do Not Track” signal. Due to the lack of guidance, we have not yet implemented features that would recognize or respond to browser-initiated Do Not Track signals in response to California law.
• Specific Information and Data Portability Rights. Under Section 1798.83-1798.84 of the California Civil Code, California residents have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for those third parties’ direct marketing purposes, and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. You have the following right to restrict the sharing of personal and financial information with our affiliates (companies we own or control) and third party companies with whom we have joint marketing agreements. Nothing in this form prohibits the sharing of information necessary for us to follow the law, as permitted by law, or to give you the best service on our Site. This includes sending you information about other products or services. If you are a California resident and would like a copy of this notice, please contact us or submit a request to us at the addresses listed below.
• User Choices. California residents have the right to restrict information sharing with other companies we do business with to provide financial products and services: Unless you refuse so in our Cookie Consent window, we may share personal and financial information about you with companies with whom we have joint marketing agreements.
• You may make your privacy choice at any time by selecting your desired response in our Cookie Consent window. Your choice marked there will remain unless you state otherwise. However, if we do not hear from you, we may share some of your information with affiliated companies and other companies with whom we have business agreements.
• To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Nevada provides its residents with a limited right to opt-out of certain personal information sales.

Residents who wish to exercise any right above, may submit a request by contacting us. To exercise and/or appeal a decision regarding any of these rights please contact us.

nTop will not discriminate against you (for example, by denying you products or services, charging you a higher price or giving you a different level or quality of service) for exercising any of your state law privacy rights.

European Economic Area (EEA) – Notice

The information provided in this section applies only to individuals in the European Economic Area (EEA).

• Personal information
  References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
• Privacy and Data Controller
  nTopology Inc. Legal Team is the privacy and data controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation. To contact the nTop Privacy and Data Controller, click contact us.
• Legal bases for processing

• We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.
  
  Note: More information regarding each processing purpose listed below is also provided in the sections above.

Europe - your rights

European data protection laws (including the General Data Protection Regulation (“GDPR”)) give you certain rights regarding your personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold free of charge to you:

• Access your Personal Data. You have the right to obtain a copy of the information collected by us.
• Rectification. You have the right to request the modification of your information, including the correction of errors and updating of incomplete information.
• Erasure. You have the right to deletion or removal of your personal information from our Service or any other records in which it is stored when such information is no longer necessary in relation to the purpose it was collected. You also have the right to request deletion where you have exercised your right to object to processing.
• Restrict Data Processing. You have the right to request that all processing of your information be stopped to (1) contest the accuracy of such information; (2) where such information processing is unlawful; (3) where the Controller/Processor no longer needs the information for processing, (4) or where you have exercised your right to object to processing.
• Notification. You have the right to be notified about the uses of your personal information including any rectification, erasure, or restriction of processing.
• Data Portability. You have the right to receive the personal information provided to us through automated means, in a structured, commonly used machine-readable format, or to have that information transmitted to another controller.
• Objection. You have the right to object to the processing of your personal information where we are relying on legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to the processing of your information. You also have the right to object where personal information is processed for direct marketing purposes.
• Reject Automated Individual Decision-Making. You have the right not to be subject to a decision based solely on automated processing, including profiling unless subject to the creation or performance of a contract or such processing is based on your explicit consent.
• Withdraw Consent. You have the right to withdraw consent where we are relying on consent to process your information. If you withdraw consent, we may not be able to provide you with full access to the Site or Service related to their functionalities. We will provide you with a notification at the time you withdraw consent.

You may submit these requests by contacting us. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data. You can find your data protection regulator here (https://edpb.europa.eu/about-edpb/board/members_en).

Cross-Border Data Transfer

As described below, if we transfer your personal information out of your country to another country not deemed by your local authorities (for example, the European Commission) to provide an adequate level of personal information protection, the transfer will be performed:

• Pursuant to the recipient’s compliance with Standard Contractual Clauses, or Binding Corporate Rules;
• Pursuant to the consent of the individual to whom the personal information pertains; or
• As otherwise permitted by applicable requirements, or otherwise under European law and regulation.

You may contact us for more information on the mechanism we use when transferring your personal information.

International Operations Generally

nTop is based, and our Service is hosted in the United States of America (USA). If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from US law and you provide personal information to nTop, any personal information that you provide to us may be transferred to the USA. Through your continued use of, and providing your personal information when accessing our Service, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure described in this Privacy Policy, our Terms of Use, or any other agreement, term and condition related to the use of and access to our Service.

7. nTop Contact Information

If you have comments, questions or requests regarding our Privacy Policy, our Site or Service, please contact us or you may call or write us via postal mail at:

nTopology Inc.
Attn: Legal Team
199 Lafayette Street, Suite 4AB
New York, NY 10012, USA

Email: Privacy@ntop.com
Phone: +1-917-983-9257
Website: https://ntop.com/privacy-policy/

If nTop needs, or is required, to contact you concerning any event that involves information about you, we may do so by email, telephone, or mail.

If your comprehension of this Privacy Policy is impeded because you are visually impaired or are otherwise disabled, please contact us for further assistance.