August 7, 2018: Updates have been made to our Privacy and Cookies Policy.

Privacy and Cookies Policy

We at Sunbird (Sunbird Software, Inc.) are committed to protecting your privacy. This Privacy Policy applies to both our websites (“Websites”), including www.sunbirddcim.com and its subdomains support.sunbirddcim.com and addons.sunbirddcim.com, as well as any services and/or products provided, owned and controlled by Sunbird (“Products”). It describes how Sunbird treats information you provide to us or that we collect, including how we use such information, how we protect the security of such information and how you may change or request that we amend such information from our systems. This includes any information associated with you (such as your name, title, email address or phone number) that is supplied to us in conjunction with your use or potential use of our Websites and/or the purchase or use of our Products, as well as information we generate regarding your use of the Websites or the purchase of Products which does, or can be used to, identify you ("Personal Information").

Except as described in this Privacy Policy, we will not, without your consent, transmit to any third party any Personal Information collected through the Websites or in our interactions with you.

Please note our Websites include hyperlinks to other websites neither owned nor managed by us. Sunbird is not associated with these third-party websites and does not review their privacy policies. We cannot guarantee the privacy of any information that may be obtained by third parties at these other websites. We strongly encourage you to review the privacy policies of any website you visit before supplying Personal Information through that website.

This privacy notice notifies you of the following:

• What Personal Information is collected from you, how it is used and with whom it may be shared
• How you can change, update or delete your Personal Information or request that you not be contacted for non-contractual purposes
• The security procedures in place to protect the misuse of your information
• How Sunbird uses cookies
• What Personal Information is Collected and How it is Used

Prospective Customers

Sunbird collects certain Personal Information through its Website when you choose to submit such information to us through email, an online form or other methods (such as contacting us through our "Contact Us" or "Chat" website functions). This includes Personal Information you provide to Sunbird in order to request additional information about Products or a white paper on a DCIM topic or other matters.  We use information collected through our Website to respond to your specific requests for information about our Products and for other information.  You do not need to provide your Personal Information to us but if you don't, we will not be able to respond to your communication.

Sunbird also obtains certain information concerning visitors to our Website, including but not limited to a visitor's IP address (a computer's numerical Internet address), the websites from which visitors access our Website, the type of web browsers used to access our Website, the device used and the pages viewed. Such information may be treated as Personal Information about the visitor in accordance with applicable local law.  Sunbird uses this information to monitor the way our Website is used, identify issues with the Website and users' experience of it and improve the Website’s responsiveness to visitor’s needs, such as providing you with content in which you may be interested and making navigation on our sites easier.

When you visit our Website, you may be asked whether you would like to be placed on our mailing list.  In addition, we may obtain information about potential customers through other channels, such as a list vendor or from one of our resellers, or information you included in an event registration form.  When we do so, we ask the third party to confirm that the information was legally acquired by the third party and that we have the right to obtain it from them and use it.  The information you provide to Sunbird (when you have consented) as well as the information we have collected about you from third parties, may be used by Sunbird to send information to you which we think may be of interest to you by post, email, or other means and to send you marketing communications relating to our business or the businesses of carefully-selected third parties in DCIM related fields which we think may be of interest to you. You may at any time choose not to receive marketing materials from us by following the unsubscribe instructions included in each e-mail or other communication you may receive, by so indicating so when we call you, or by contacting us directly.

Existing Customers

This section applies to users of the Sunbird Products. If you only use our public website, this section does not apply to you.

If you, your employer or a third party decide to purchase our Products, we will use your Personal Information for purposes of providing the Products and related services to you. If we have a business relationship with a partner under which the partner is involved in fulfillment, we may provide your information to our partner as necessary to satisfy your request. We will have obtained contractual assurances from such fulfillment partners that your Personal Data will be treated in accordance with this Policy.

We may use your personal information to support Products or related services you have obtained from us, such as notifying you of a product update or fix.  When a customer engages with a Sunbird technical support professional, we collect the customer’s name and contact data, information about the customer’s organization, and any relevant system and usage data or error reports.  This information is used to diagnose and resolve problems and to communicate with the customer as needed to support the troubleshooting effort.,

In the course of providing installation services or technical support to you, we may sometimes have incidental access to data that is located on your system. This data may contain Personal Information.  We will never copy or otherwise retain any such data whether or not it contains Personal Information unless it is necessary in troubleshooting an issue to recreate it in Sunbird’s laboratory environment.  In such cases, we would request a copy of the database used by your software installation, and the copy would be used in our laboratory solely for the purpose of resolving the issue.  If provided, this data will be deleted from Sunbird’s machines as soon as the troubleshooting using it is completed.

We collect and process payment information from you when you order our Products and/or services. This information includes credit cards numbers and billing information, using third-party PCI-compliant service providers.  Even though this information would not qualify as Personal Information in the great majority of cases, we will treat it with the same care and security processes we give Personal Information.

Business Associates

If you represent a Sunbird business partner, a reseller or distributor, you may visit Sunbird Websites intended specifically for Sunbird business partners. We may use information provided on that site to administer and develop our business relationship with you, the business partner you represent, and Sunbird business partners generally. For instance, this may involve using your information to send you details of Sunbird business partner programs. It may also include sharing certain information with Sunbird customers or prospects. In connection with a particular transaction or program, we may also contact you for market research purposes or in connection with evaluating customer satisfaction.

If you represent a Sunbird supplier, you may visit Sunbird Websites intended specifically for use by Sunbird suppliers. We may use the information provided on that site in connection with entering into or performing a transaction with you. It may also be used to administer and develop our relationship with you, the supplier you represent, and other Sunbird suppliers generally.

Recruitment/Employees

Sunbird collects a range of information about you as a job applicant or employee, whether your application is received directly by Sunbird or via a recruitment agency. This includes but not limited to: your name, address and contact details, such as email address and telephone number; details of your qualifications, skills, experience and employment history; whether or not you have a disability for which the organization needs to make reasonable adjustments during the recruitment process; and information about your entitlement to work in the US, UK or any other countries.

Sunbird may collect this information in a variety of ways. For example, data might be contained in application forms, CVs or resumes, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment. Sunbird may also collect personal data about you from third parties, such as references supplied by former employers. Sunbird will seek information from third parties only once a job offer to you has been made and will inform you that we are doing so. Data will be stored in a range of different places, including on your application record, in HR management systems and on other IT systems (including email).

You are under no statutory or contractual obligation to provide data to Sunbird during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.

Your Rights to Opt Out, Modify Information, and Unsubscribe

Sunbird relies on the legitimate interest stated above as the basis for processing your Personal Information. We have taken a risk assessment based on the specific context and circumstances to ensure the processing is lawful.

If you are a resident of the European Economic Area, you have certain legal rights regarding Sunbird’s use of your Personal Information.  In recognition of the importance of personal privacy to all of those we deal with, we are extending those rights to everyone, regardless of where they reside.

We have listed the rights you have over your Personal Information and how you can use them below. These rights are subject to restrictions under applicable law and, subject to the exemptions in those laws, may only apply to certain types of information or processing.

1.     We need your consent for some of the ways we use your Personal Information. You can remove that consent at any time.

2.     You can ask us to confirm if we are processing your Personal Information and if we are, you can ask for access to that information and details regarding:

a.why we are using your information;

b.what information are we using;

c.who we have shared the information with;

d. the period for which your information will be stored, or how we determine that period;

e. your right to object to our processing of your information, your right to have your information erased or the processing of your information restricted;

f. your right to lodge a complaint with a data protection supervisory authority;

g. the source of your information where it has not been provided by you;

h. the existence of any automated decision-making processes using your data or any profiling;

i. the transfers of your information to countries outside of EEA and the safeguards in place; and

j. your right to a copy of the information about you which is being processed by us.

3.     You can ask us to correct your information if it's wrong.

4.     You can ask us to delete some or all of your information (the “right to be forgotten”).

5.     You can ask us to restrict how we use your information.

6.     You can ask us to help you move some of your information to other companies.

7.     You have a right to ask that we provide your information in an easily readable format to another company.

8.     You can ask us to stop using your information at any time.

9.     You have the right to complain to the relevant supervisory authority.

To exercise any of these rights, please contact us at privacy@SunbirdDCIM.com or at the address set forth at the end of this Policy Statement. We will respond to your request within a reasonable timeframe and notify you of the action we have taken.  In addition, you may at any time choose not to receive communications from us by clicking on the opt-out link or otherwise following the unsubscribe instructions included in each marketing communication email you may receive or, if the communication is telephonic, by so indicating when we call you.

In certain circumstances we may not be able or may not be required to accede to your request to delete your Personal Information, to restrict its use or stop its use altogether or to transmit it to another company. For example, if there are outstanding contracts between us, if we are required by law to keep the information or if the information is relevant to a legal dispute, then we may not be required or even permitted to delete your information.  As another example, a customer, employee or supplier cannot opt out of receiving transactional communications that are necessary or advisable for Sunbird to satisfy its contractual or legal obligations to the customer, employee or supplier.

Information Security and Retention

We intend to protect your Personal Information and to maintain its accuracy. Personal Information is treated in all respects as Sunbird’s most highly confidential data.  As such, Sunbird implements physical, administrative and technical safeguards to protect your Personal Information from unauthorized access, use and disclosure.  While information is shared within Sunbird as necessary, we use secure files, passwords and firewalls to ensure that the information is accessible only to those who have a need to know it for the uses described above.  For example, information obtained in the recruitment process is only made available to Sunbird’s Human Resources personnel and the persons responsible for the positions the applicant is being considered for. Sunbird’s CRM system protects personal information through the use of encryption, such as the Secure Socket Layer (SSL) and Transport Layer Security (TLS) protocols.

We contractually obligate our suppliers and business partners also to protect Personal Information from unauthorized access, use and disclosure.  Suppliers and business partners are only provided with the Personal Information they need to carry out their functions.  For example, payroll providers are given the minimum amount of employee Personal Information to be able to make salary payments to them and prepare legally required payroll reports, and business partners are given the contact information for customer personnel as required to fulfill a customer request for Products or related services.  

Retention Policy

We will retain information that you provide to us in connection with a business relationship or potential business relationship between your company and Sunbird for as long as your account is active or as needed to provide you Products or related services. If you wish to request that we no longer use such information to provide you Products or related services, contact us as described above.  We may still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Personal Information obtained in the recruitment process may, if your application is unsuccessful, be kept on file in case there are future employment opportunities for which you may be suited. Otherwise, your application will be deleted after six months of filling the position. If Sunbird keeps your personal data on file for future consideration, we will ask for your consent before doing so and you are free to withdraw your consent at any time.  Personal Information obtained about employees shall be retained during the period of employment and, after termination of employment, for a period consistent with the applicable statute of limitations.

Sharing of Personal Information and International Transfers

Sharing Information Across Countries

Sunbird is a global organization with business processes, management structures and technical systems that cross borders. As such, we may share information about you within Sunbird and transfer it to countries in the world where we do business in connection with the uses identified above and in accordance with this Privacy Statement. Our Privacy Statement and our practices are designed to provide a globally consistent level of protection for personal information all over the world. This means that even in countries whose laws provide for less protection for your information, Sunbird will still handle your information in the manner described here.

Sharing Your Information with Other Entities

From time to time, we may disclose information that identifies you at an individual level and which we collected on our Websites to other non-Sunbird entities, such as our business partners, as may be required or advisable to provide you with requested information, Products or services. Except as described in this Privacy Statement, we will only do so with your prior consent. It is Sunbird's practice to require such entities to handle information in a manner consistent with Sunbird's policies.

With a Sunbird portal account, you can sign into Sunbird’s portal.  Signing into your account permits you to access and use documents, videos, and download software.  When you sign into your account, we create a record of that sign in. If you sign into a third-party service with your Sunbird account, you will be asked to consent to share the account data required by that service.  We will not share your account data without your consent.  The privacy policies of the third-party service may not be the same as Sunbird’s policies. 

Sharing of Your Personal Data

We may disclose your personal data to third parties in the following cases:

• If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or any other governmental request;
• If we may be required to provide personal data in response to a court order, subpoena, warrant, government investigation, any procedure issued by authority, or as otherwise required by law. We also may choose to establish or exercise our legal rights or defend against legal claims;
• If we believe that there is a threat to the information stored in this website, or in order to protect or defend our rights or the well-being of our users. In general, we may release certain personal data in cases where we believe that the release of the information is reasonably necessary to protect the rights, property, and safety of others and ourselves;
• We may contract with any third-party supplier to provide any services for operating this website, for any requests or for the purpose of supporting our business activities. Any third party providing services to us may be allowed, on our behalf, to access your personal data provided by you for their proper use in connection with the specific services provided.
• In cases where you provide us with your consent to do so. In those cases we will ask you for an explicit written consent confirmation.

Policy on Selling Information

We do not sell or lease personal information to any non-Sunbird entities.

Recruitment/Employees

With regards to recruitment, your information may be shared internally for the purposes of the recruitment process. This includes members of the HR team, hiring managers and IT staff if access to the data is necessary for the performance of their roles, some of whom may be located in a country other than the one where you submitted your application. We will not share your data with third parties unless your application for employment is successful and we make you an offer of employment. We will then share your data with former employers to obtain references for you and employment background check providers to obtain necessary background verification, and, once your status as an employee is confirmed, with payroll processing providers to run payroll and benefits providers to provide benefit coverages.

Compelled Disclosure

Please be aware that in certain circumstances, personal information may be subject to disclosure to government agencies pursuant to a judicial proceeding, court order, or legal process.  We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.

Cookies, Web Beacons and Other Technologies

As mentioned above, we collect information from your visits to our Websites to help us personalize your experience and tailor our interactions with you. We may do so through the use of various technologies, including scripts, tags, Local Shared Objects (Flash cookies), Local Storage (HTML5) beacons, and one called "cookies". A cookie is a piece of data that a Website can send to your browser, which may then be stored on your computer as a tag that identifies your computer. While cookies are often only used to measure Website usage (such as number of visitors and duration of visit) and effectiveness (such as topics visitors are most interested in) and to allow for ease of navigation or use and, as such, are not associated with any personal information, they are also used at times to personalize a known visitor's experience to a Website by being associated with profile information or user preferences.

Over time this information provides valuable insight to help improve the user experience.

Cookies are typically categorized as "session" cookies or "persistent" cookies. Session cookies help you navigate through the Website efficiently, keeping track of your progression from page to page so that you are not asked for information you have already provided during the current visit. Session cookies are stored in temporary memory and erased when the web browser is closed. Persistent cookies, on the other hand, store user preferences for current and successive visits. They are written on your device's hard disk, and are still valid when you restart your browser. We use persistent cookies, for example, to record your choice of language and country location.

While Sunbird Websites at this time do not recognize automated browser signals regarding tracking mechanisms, such as "do not track" instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser. Look under the heading "Tools" (or similar heading) in your particular browser for information about controlling cookies. You can set your browser in most instances to notify you before you receive a cookie, giving you the chance to decide whether to accept it or not. You can also generally set your browser to turn off cookies. Since cookies allow you to take advantage of some of our Websites' features, we recommend that you leave them turned on. If you block, turn off or otherwise reject our cookies, some Web pages may not display properly or you will not be able, for instance, to use any Website services that require you to sign in. Some Sunbird Websites may also use Web beacon or other technologies to better tailor those sites to provide better customer service. These technologies may be in use on a number of pages across Sunbird's Websites. When a visitor accesses these pages, a non-identifiable notice of that visit is generated which may be processed by us or by our business partners. These Web beacons usually work in conjunction with cookies. If you don't want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies. If you turn off cookies, Web beacon and other technologies will still detect visits to these pages; however, they will not be associated with information otherwise stored in cookies.

We may use Local Shared Objects, such as Flash cookies, and Local Storage, such as HTML5, to store content information and preferences.  We may also include Web beacons in marketing e-mail messages or our newsletters in order to determine whether messages have been opened and links contained within clicked on.

Online Advertising

Sunbird does not deliver third party online advertisements on our Websites but we advertise our products and services on others' Websites. Please familiarize yourself with those Website operators' or network advertisers' privacy policies to understand their practices relating to advertising, including what type of information they may collect about your Internet usage.

Our websites may include web beacons and cookies from third-party service providers.  For example, Sunbird uses remarketing codes for Google and AdRoll, as well as conversion codes through the advertising networks to track leads.   Google analytics gathers usage and performance data to provide a personalized browsing and searching experience.

We have also engaged with certain third parties to manage some of our advertising on other sites. These third parties may use cookies and Web beacons to collect information (such as your IP address) about your activities on Sunbird's and others' Websites to provide you targeted Sunbird advertisements based upon your interests.

Other Privacy Terms

Some customers may have a supply contract or other agreement with Sunbird that has provisions relating to the treatment of personal information.  Similarly, Sunbird’s business partners and suppliers often have agreements with Sunbird that address treatment of confidential information, including personal information.  To the extent that those contracts and agreements have terms and conditions that are more restrictive than or provide data subjects with greater rights than the terms and conditions set forth in this Privacy Notice, the terms of such contracts and agreements shall be controlling as to the customer, supplier or business partner that is a party to the contract or agreement.

You can also learn more about our Sunbird Products’ features and settings, including choices that impact your privacy or your end users’ privacy, in product documentation.

Notification of Changes

We will post a notice for 30 days at the top of this page notifying users when this Privacy Statement is updated or modified in a material way. If you subscribe to Sunbird emails, then you will receive notice by email when this Privacy Policy is modified. We encourage you to review this Privacy Policy periodically.

If we are going to use your Personal Information in a manner different from that stated at the time of collection, you will have a choice as to whether or not we can use your Personal Information in such a way.

Privacy Questions and Access

If you have a question about this Privacy Statement or Sunbird's handling of your information, you can send an email to the Sunbird Website coordinator privacy@SunbirdDCIM.com. You can also contact us at:

Sunbird Software
200 Cottontail Lane Suite B106E
Somerset, NJ  08873
U.S.A.
ATTN: Privacy

If you wish to obtain a copy of particular information you provided to Sunbird, or if you become aware the information is incorrect and you would like us to correct it, contact us at the above addresses. Before Sunbird is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

EU-U.S. Privacy Shield

Sunbird complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the United Kingdom to the United States.  Sunbird has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Sunbird is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. Sunbird complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Sunbird is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Sunbird may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

You may direct any inquiries or complaints related to our Privacy Shield compliance to privacy@sunbirddcim.com.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Sunbird commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel and/or Commissioner, as applicable with regard to non-human resources and human resources data transferred from the EU in the context of the employment relationship.

European Data Protection Supervisor

Rue Wiertz 60
1047 Bruxelles/Brussel
Office: Rue Montoyer 63, 6th floor
Tel. +32 2 283 19 00
Fax +32 2 283 19 50
e-mail: edps@edps.europa.eu  
Website: http://www.edps.europa.eu/EDPSWEB/