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Cloudera acquires Octopai's platform to enhance metadata management capabilities

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The Cloudera Privacy Statement explains how Personal Data about you is collected, stored, used, disclosed and otherwise processed by Cloudera, Inc.

The Cloudera Product & Service Data Policy describes Cloudera’s policy for handling, storing, and otherwise treating various types of data regarding Cloudera’s Customers in connection with Cloudera's Products and Services.

Privacy Statement

About This Privacy Statement

This Privacy Statement explains how Cloudera, Inc. ("Cloudera," "we," "us" or "our") collects, stores, uses, discloses, and otherwise processes Personal Data relating to you and your rights in relation to your Personal Data. It applies to Personal Data we process when you use our website www.cloudera.com (the “Site”) or Cloudera products and services (the “Products”) (the Site and the Products collectively, the "Services"), as well as information collected by other means, such as through your interactions with us at events or through other sales and marketing activities.

Cloudera is the Data Controller of any Personal Data collected on or through the Site and processed for sales and marketing activities, as well as any Personal Data associated with our current, past, and prospective business clients (the "Clients") and their interactions with us and our Products.

Cloudera may act as a Data Processor with regard to Personal Data that our Clients submit or otherwise make available to Cloudera in connection with our performance and delivery of our Products. To the extent that we process any Personal Data as a Data Processor on behalf of a Client that is the Data Controller pursuant to an agreement between Cloudera and the Client, we offer our Client a Data Processing Addendum (the "DPA"), which the Client may request from a Cloudera representative. In this context, we will only use the Client’s Personal Data in accordance with our applicable agreement(s) and the DPA. Please note that our Clients’ privacy policies and practices apply to their own use of your Personal Data for which they are the Data Controllers. Cloudera is not responsible for Clients’ policies or practices, which may differ from those explained in this Privacy Statement.

Collection of Personal Data

 

Information You Provide

Cloudera collects information you provide directly to us. For example, we collect information when you create an account, use the Services, fill out a form, submit a job application, request customer support, or otherwise communicate or interact with us, including at in-person meetings or events. The types of Personal Data we may collect include your first and last names, company, job title or role, email address, postal address, telephone number, and other contact or identifying information you choose to provide.

Information We Collect When You Use Our Services

When you access or use our Services or otherwise interact with us, Cloudera may collect information about you, including the following:

  • Log information: We log information about your use of the Services, including the type of browser you use, internet service provider, clickstream data, date/time stamp, pages and files viewed on our Site (e.g., HTML pages, graphics, etc.), your Internet protocol (“IP”) address, username, and the page you visited before navigating to our Services.
  • Device information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Information collected by cookies and other tracking technologies: We and our partners use cookies or similar technologies to collect information, analyze trends, administer the website, track users’ movements around the website, and gather demographic information about our user base as a whole. You can change your browser settings to enable or disable cookies. We do not currently respond to browser do-not-track signals.
  • Blogs and Community Forums: Our Site offers publicly accessible blogs and community forums. Please be aware that any information you provide in these areas may be read, collected, and used by others who access them.
  • Testimonials: We display personal testimonials of satisfied Clients on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name.
  • Public Profiles: If you create a profile on our Site (e.g., to participate in Cloudera Community discussions), your profile will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal.
  • Social Media Widgets: Our Site includes social media features, such as the Facebook button or interactive mini-programs that run on our Site. These features may collect your IP address and information on which page you are visiting on our Site, and they may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy statement of the company providing such features.
  • Single Sign-On: You may apply for a job opening using sign-in services such as LinkedIn or an Open ID provider. These services will authenticate your identity, provide you the option to share certain Personal Data (such as your name and email address) with us, and pre-populate our application form. Services like LinkedIn give you the option to post information about your activities on our Site to your profile page to share with others within your network.
  • Employees and Job Applicants: We may collect information related to your job application, including your full name, professional background and work history, and academic or educational background and history, as well as other contact information. With your consent (if required), we may conduct background checks on our potential employees. If we do so, the only information that we append to an application is the result (pass or fail) of that background check. This helps us to evaluate potential candidates for employment.  We do not otherwise append Personal Data on results of the background check to an application. With respect to employees, we may collect additional information about you, including, but not limited to, information about your salary and benefits.
  • Product Diagnostic and Telemetry Data: When our Clients use our Products, we may collect certain usage data, including configuration files, metrics count, software versions, log files, and other information regarding our Clients’ computing environments and use of the Products. Clients have the option to configure the diagnostic function in our Products to disable automatic reporting of such data to Cloudera. For purposes of clarity, however, this diagnostic functionality does not include metering capabilities within Cloudera online Services which Cloudera uses to determine Client’s usage for billing purposes. Client may not disable, tamper with, or otherwise alter any such metering capabilities within such Services. We may combine such data with other information we have collected, including information from public sources or third parties or information you provide to us when you download our Products, request information, or otherwise communicate with us, including the name of your organization or company.
  • Inferences: We may infer new information about you and your company from data we collect, including information about your likely preferences, your product and service needs, or other characteristics.

In addition, Cloudera may collect information about you from public sources and third parties in accordance with applicable privacy laws. This information may include your full name, company, job title/role, email address, postal address, telephone number, and other contact or identifying information.

Third-party Websites and Framing of Partner Content

Cloudera’s Site may link to third-party websites, which have different privacy policies and practices than our own and over which Cloudera has no control. Also, some of our pages utilize framing techniques to serve content from our partners while preserving the look and feel of our Site. In such case, please be aware that you are providing your Personal Data to these third parties and not to Cloudera.

Cloudera encourages you to carefully review the privacy policies of these third parties before submitting your Personal Data to them. If you receive marketing communications from these third parties and wish to stop receiving marketing messages from them, please contact these third parties directly.

Sensitive Personal Data

Unless Cloudera specifically requests your Sensitive Personal Data, we request that you not send or disclose to us any such data (e.g., social security numbers and information related to racial or ethnic origin, political opinions, religion or trade union membership, health, biometrics or genetic characteristics, and criminal background) on or through the Services or otherwise to us.

Use of Personal Data

 

Lawful Bases and Business Purposes

Cloudera may collect and use Personal Data pursuant to several legal bases, including contract performance (namely, to perform our agreements and manage our contractual relationship with you), compliance with our legal or regulatory obligations, our legitimate interests, and your consent.

Cloudera may use Personal Data for a broad range of business purposes, including to do the following:

  • Provide, maintain, and improve our Services; and
  • Provide and deliver the Products you request, such as to:
    • process information according to your instructions pursuant to an agreement, such as the DPA;
    • process transactions, and send you related information, including confirmations and invoices;
    • send you technical notices, updates, security alerts, and support and administrative messages; 
    • process payments on your account or bill you for Products or Services purchased by you; and
    • respond to your comments, questions, and requests and to provide customer service.
  • Data analysis (e.g., to improve the efficiency of our Services); 
  • Audits (i.e., to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements); 
  • Fraud and security monitoring (e.g., to detect and prevent cyberattacks or malicious, deceptive, fraudulent, or illegal activity, such attempts to commit identity theft); 
  • Develop new products and services;
  • Identify and repair errors that impair existing intended functionality of the Services; 
  • Enhance, improve, repair, maintain, upgrade, or modify our current products and services, as well as undertaking quality and safety assurance measures; 
  • Identify usage trends (e.g., to understand which parts of our Services are of most interest to users); 
  • Determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
  • Operate and expand our business activities (e.g., to understand which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests).
  • Consider and manage your job application and our employer-employee relationship or the relationship with a consultant, contractor, vendor, or other third party providing services on our behalf; and
  • Process and deliver contest entries and rewards:
    • We may offer you the opportunity to participate in a sweepstakes, contest, or other promotion. Some of these promotions have additional rules containing information about how we will use and disclose your Personal Data.  Please read those additional rules before choosing to participate.
  • Facilitate social sharing functionalities;
  • Market Products that may be of interest to you, including through tailored communications, such as telemarketing, emails, newsletters, or other content;
  • Solicit and process your opinions through surveys; and
  • Develop our Services and other purposes related to Cloudera’s business, such as to:
    • analyze or predict our users’ preferences to prepare aggregated trend reports on how our digital content is used, so we can improve our Services;
    • understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests;
    • understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you; and
    • provide personalized services.
       

Anonymous Data

Cloudera may anonymize Personal Data so that it will no longer be considered Personal Data. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.

Sharing of Personal Data

 

How We May Share Personal Data

Cloudera may share Personal Data about you as follows:

  • Affiliates / Subsidiaries: With our affiliates or subsidiaries for the purposes described in this Privacy Statement.
  • Third-Party Service Providers and Consultants: With service providers, consultants, and other third parties who need access to your information to carry out work on our behalf, such as providing product and service functionality, customer service, billing, and invoicing, and conducting research and analysis. 
  • Necessary Disclosures: If we believe disclosure is reasonably necessary to (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) establish, exercise, or defend legal claims or to enforce applicable user agreements or policies, including our Terms and Condition of Site Use (the “Terms of Use”); or (iii) protect Cloudera, our users, or the public from harm or illegal activities.
  • Third-Party Sponsors: With our third-party sponsors of sweepstakes, contests, and similar promotions.
  • Business Partners: With our commercial business partners that offer solutions and services complementary to Cloudera’s offerings, including resellers, system integrators, software providers, or consultant agencies. See our current list of partners here.
  • Mergers and Acquisitions: In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company. In this event, you will be notified via email and/or a prominent notice on our Site, of any change in ownership, uses of your Personal Data, and choices you may have regarding your Personal Data.

Please note that, by using the Services, you may elect to disclose Personal Data on message boards, chat, profile pages, blogs, and other services to which you are able to post information and content. Any information you post or disclose through these services will become public and may be available to other users and the general public.

 

Third-party analytics and advertisements

Cloudera performs analytics on the functioning of our Site. Specifically, Cloudera uses an integrated version of Google Analytics. You may opt out from Google Analytics by using the Google’s Ads Preferences Manager. We also encourage you to use the Google Analytics Opt-out Add-on.

Cloudera allows third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These third parties may use cookies, web beacons, and other technologies to collect information about your use of our Site and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by Cloudera and third parties to, among other things, analyze and track data, deliver advertising based upon your browsing activities and interests, and to better understand your use of our Services.

If you wish to opt out of interest-based advertising by these third parties, click here or here. Please note that you will continue to receive generic ads.

 

Service Providers and Sub-processors

Cloudera may transfer or disclose Personal Data to third-party service providers that help us provide our Services. In addition, when we process Personal Data on behalf of our Clients, we may engage sub-processors to help deliver our Products. Our current list of sub-processors is available here. Our agreements with Clients cover data transfers to third parties.

 

We Do Not Sell Your Personal Data

Cloudera does not “sell” your Personal Data (as the term “sale” or “sell” is defined under the California Consumer Privacy Act), and we will not do so without offering you the right to opt out of any such sale.

Security

Cloudera uses commercially reasonable organizational, technical, and administrative measures to help protect Personal Data from accidental or unlawful loss, alteration, destruction, theft, misuse, and unauthorized access and disclosure. We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once it is received. Visit our Information Security and Compliance page for additional information. Please keep in mind that no security measures are completely effective, and we encourage you to regularly review your accounts for suspicious activity and carefully guard your credentials.

Data Retention

Cloudera retains Personal Data for as long as necessary for our legitimate business purposes and/or as lawfully permitted given the purpose(s) for which we obtained it and consistent with applicable law. We use the following criteria to determine our retention periods:

  • The length of time we have an ongoing relationship with you and to provide the Services to you (for example, for as long as you have an account with us or keep using the Services); 
  • Whether there is a legal or regulatory obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or 
  • Whether retention is advisable considering our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

International Personal Data Transfers

As a global company, Cloudera may process Personal Data in multiple countries, including the United States. Cloudera may store and process your Personal Data in any country where we have facilities, affiliates or subsidiaries, or in which we engage third-party service providers. By using the Services, you understand and acknowledge that we may transfer your Personal Data from your country of residence to other countries, including the United States, which may have data protection laws or rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may have legal authorization to access or request disclosure of your Personal Data.

Cloudera may transfer Personal Data from the European Union (EU), the European Economic Area (EEA), Switzerland, and/or the United Kingdom (UK) to a third country. The European Commission, Switzerland, and the UK recognize several third countries as providing adequate levels of data protection and granted such countries adequacy decisions, which allow the lawful transfer of Personal Data to such countries. To conduct lawful transfers of Personal Data to third countries without such adequacy decisions, Cloudera relies on appropriate safeguards, such as Standard Contractual Clauses (SCCs). You may obtain a copy of these SCCs by contacting us in accordance with the “How to Contact Us” section below.

Your Privacy Rights Concerning Your Personal Data

 

Marketing and Promotional Communications

Cloudera may periodically send you free newsletters and emails that directly promote the use of our Site or the purchase of our Products. When you receive newsletters or marketing and promotional communications from us, you may indicate a preference to stop receiving further communications from us. You will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by submitting a request to unsubscribe here.

Despite your indicated marketing and promotional preferences, Cloudera may send you transactional emails and notices of any updates to our Terms of Use or Privacy Statement.

 

Your Privacy Rights

Depending on the data protection or privacy law applicable to you and your Personal Data, you may be entitled to exercise one or more of the following rights:

  • Right to Know about Personal Data Processing and to Access Personal Data
  • Right to Delete or Erase Personal Data
  • Right to Correct Inaccurate or Incomplete Personal Data
  • Right to Data Portability
  • Right to Restrict Processing of Personal Data
  • Right to Object to Processing of Personal Data
  • Right to Withdraw Your Consent at Any Time (where the lawful basis of processing is consent)
     

Exercising Your Privacy Rights

If you would like to exercise one or more of your privacy rights, please submit a request to us at privacy@cloudera.com. You may also submit your request via one of our contact methods listed in the section titled “How to Contact Us.”

To help us respond appropriately, please make clear the nature of your request and the Personal Data to which it pertains. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain Personal Data for legitimate business purposes, to comply with legal or regulatory obligations, to establish, exercise, or defend legal claims, and/or to perform a contract (e.g., complete any transactions that you began prior to requesting a change or deletion).

If you become aware that a profile has been created about you without your consent or knowledge, you may contact us to request deletion of such account.

California Privacy Notice

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to know, right to delete, right to opt-out of the sale of personal data, and the right to non-discrimination.

  • Right to Know: This Privacy Statement identifies the categories of Personal Data Cloudera collects and how we use and disclose such information, the sources of information, the purposes for using that information, and the third parties to which we may disclose information. You may request a copy of the Personal Data that we have collected, used, and disclosed about you in the 12-month period preceding the date of your request. We will provide such information to you free of charge.
  • Right to Delete: As noted in the section above titled “Your Privacy Rights Concerning Your Personal Data,” you may request that Cloudera delete certain Personal Data we have about you.
  • Right to Opt-out: As noted in the section above titled “Sharing of Personal Data,” Cloudera does not sell your Personal Data, but will give you the right to opt-out if Cloudera decides otherwise.
  • Right to Non-discrimination: Cloudera will not discriminate against you for exercising your privacy rights.

If you would like to exercise a privacy right under the CCPA or you are an authorized agent making a request on a California consumer’s behalf, please contact us at privacy@cloudera.com or 1-888-789-1488. When making your request, please specify which right you would like to exercise and note that we must verify your identity and may need to ask you to provide additional information for purposes of verification. For more information on how we process requests, please refer to the section above titled “Your Privacy Rights Concerning Your Personal Data.”

Data Privacy Complaints

 

How You Can Lodge a Complaint

To make a complaint about data privacy, please contact us at privacy@cloudera.com.

To help Cloudera address the issue effectively, please clearly state the following in your complaint:

  • The specific data privacy complaint with as much detail as possible, including the relevant country, your understanding of the data privacy infringement and issues, and the redress requested;
  • Your full name and how we can contact you; and
  • Any previous correspondence with us on this specific data privacy issue.

Cloudera aims to resolve all issues in a timely manner, or as mandated by local law, but if this is not possible because a more detailed investigation is required, we will try to keep in regular contact with you to ensure that you are kept informed of the progress on your matter.

 

Data Protection Authorities

 

If you are not satisfied with Cloudera’s resolution of your complaint, you may have the right to lodge a complaint with the competent data protection authority for your country or region where you have your habitual residence or place of work or where an alleged infringement of applicable data protection law occurs.

 

Personal Data Processed on Behalf or for Our Clients

 

When Cloudera collects or processes Personal Data under the direction of its Clients, Cloudera has no direct relationship with the individuals whose Personal Data it processes. If Cloudera processes your Personal Data at the direction of a Client, and you have a concern or would like to exercise a privacy right related to your Personal Data, please contact the relevant Client directly.

Use of this Site by Children

These Services are not intended for or directed to anyone under the age of 16 years. Cloudera does not knowingly collect Personal Data of individuals under the age of 16. If you are younger than 16, you should not register with or use the Services.

Changes to this Privacy Statement

Cloudera may update this Privacy Statement from time to time to reflect changes in our business and practices. If we make material changes, we will notify you or our Client by revising the date at the top of the policy, and in some cases, including as required by law, we may provide you with more prominent notice. We encourage you to review this Privacy Statement whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.

How to Contact Us

If you have any questions about this Privacy Statement or need to contact us with any questions, complaints, or concerns about how Cloudera handles your Personal Data, you may reach us as follows:

Postal Address

Cloudera, Inc.
5470 Great America Parkway
Santa Clara, CA 95054
USA
Attn: Data Protection Officer   

Email

privacy@cloudera.com

Telephone

1-888-789-1488 

 

Cloudera Product & Service Data Policy

The Cloudera Product and Service Data Policy (“Data Policy”) describes Cloudera’s policies applicable to Cloudera’s collection, use, storage, and otherwise processing of data related to the Customer (including any Customer Affiliate) and to the Customer’s use of Cloudera Products and Services (including the Cloudera Data Platform (“CDP”)) in connection with the Enterprise Subscription Master Agreement, Order Form, and/or other agreements or terms and conditions (“Agreement”) in place between the parties.  “Cloudera” means Cloudera, Inc., and its subsidiaries and any Cloudera Affiliate.  In the event of a conflict between this Data Policy and the terms of the Agreement, the terms and conditions of this Data Policy will prevail and apply, but only to the extent of such conflict.

I. Definitions

 

Account Data

  • “Account Data” means the information provided by Customer, or otherwise generated, to create and administer the Customer’s account, which is necessary to receive Cloudera Products and Services and is required for Cloudera to (i) comply with Applicable Law; (ii) conduct Cloudera’s business operations and activities and fulfill its business purposes; and (iii) manage the business relationship with Customer, including delivering Cloudera Products and Services, providing support, communicating updates and issues, and otherwise administering the Customer’s account for Cloudera Products and Services.

    • Account Data includes, inter alia, (i) the Customer’s identity, relevant business information, contractual information, and billing and payment information, and (ii) the name(s), professional title(s)/role(s)/position(s)/function(s), business contact information, office location(s), and username(s) of the employee(s), staff, and/or agent(s) designated and authorized by Customer to create, manage, and use the account on the Customer’s behalf.

Applicable Law

  • “Applicable Law” means any law, rule, regulation, court order, government authority/agency or law enforcement order, legislation, or other legally-binding decree or ordinance to which either party is subject and/or is applicable to Cloudera Products and Services.

Control Plane

  • “Control Plane” means the public cloud environment operated and managed by Cloudera for purposes of providing Cloudera Online Services, and through which Customer can execute commands to the Workload Environment and which comprises the administrative service used by the Customer’s administrator to manage environments, users, and Cloudera Online Services.  The Control Plane does not host, manage, or otherwise process Workload Data.

Control Plane Data

  • “Control Plane Data” means the authentication, logging, and audit information necessary to authenticate, authorize, log, and audit events of Customer’s end-users, whom the Customer has authorized to use the Control Plane (namely, information associated with Security Assertion Markup Language Data, including the end-user’s full name (optional), work email, user ID, username, group member ID (optional), and/or tenant ID).  Control Plane Data may also include analytics, metadata, and other information related to, and generated by, Customer’s end users’ use of the Control Plane.  Control Plane Data does not include Workload Data.

Diagnostic and Telemetry Data

  • “Diagnostic and Telemetry Data” means statistical data, system usage data, diagnostic bundles, configuration files, software versions, application logs, service and system logs, security log files, troubleshooting data, metrics, and other metadata regarding the Customer’s compliance with the Agreement and its usage of Cloudera Products and Services.

Feature Usage Data

  • “Feature Usage Data” is the non-identifiable data, aggregated data, analytics information, and other metadata (e.g., session replay scripts) relating to the Customer’s interactions with and/or use of Cloudera Products and Services.

Feedback Data

  • “Feedback Data” means any recommendations, ideas, proposals, suggestions, reported defects, usability enhancements, feature requests, or other comments regarding Cloudera Products and Services provided to Cloudera by Customer or its end-users.

On-Premise Computing Environment and/or Private Cloud Environment

 

  • “On-Premise Computing Environment and/or Private Cloud Environment” (a.k.a. “On-Premise/Private Cloud Environment”)  means the Customer’s on-premise computing environment or private cloud  environment, (i) which Customer alone procures and sets up, manages, operates, and otherwise controls, and (ii) in which Customer may deploy certain elements of Cloudera Products and Services (i.e., the licensed software) and store, manage, and otherwise process the Customer’s data (i.e., “On-premise Data”).

Personal Data

  • “Personal Data” means any information relating to an identified natural person or an identifiable natural person, which is one who can be identified, directly or indirectly, in particular by reference to an identifier, or otherwise has the meaning stipulated in Applicable Law.

Restricted or Prohibited Data

  • “Restricted or Prohibited Data” means data that (i) is inaccurate, illegal, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable; (ii) consists of an unauthorized disclosure of Personal Data and/or Confidential Information; (iii) violates or infringes any third party Intellectual Property Rights; (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) includes any (electronic) protected health information (“PHI”) regulated by the Health Insurance Portability and Accountability Act; (vi) includes any Cardholder Data, as such term is defined and used in the Payment Card Industry Data Security Standard; (vii) contains information regulated under the International Traffic in Arms Regulations (“ITAR”) of the United States; and/or (viii) includes Workload Environment Data.

Technical Support Data

  • “Technical Support Data” means the information submitted by Customer (or its end-users) or that is otherwise required for Support Services and which includes Account Data and may include Diagnostic and Telemetry Data, and files, logs, images, and/or other information necessary to assist with the support request, troubleshoot, and resolve any issue.  Technical Support Data excludes Workload Environment Data and/or On-premise Data.

Workload Environment

  • “Workload Environment” (a.k.a. “Data Plane”) means the Customer’s public cloud environment necessary to obtain Cloudera Online Services, the environment (i) which Customer alone procures from a separate third-party cloud service provider and sets up, manages, operates, and otherwise controls, and (ii) in which Customer may deploy certain elements of Cloudera Online Services and process the Customer’s Workload Data.

Workload Environment Data

  • “Workload Environment Data” (a.k.a. “Workload Data”) means data submitted, stored, hosted, used, analyzed, or otherwise processed solely by Customer in or on the Customer’s Workload Environment.

For purposes of clarification, Diagnostic and Telemetry Data, Feature Usage Data, and Feedback Data do not include Personal Data, On-premise Data, and/or Workload Environment Data.  Undefined capitalized terms shall have the meaning ascribed to them in the Agreement.

II. Customer Account

A. In connection with Cloudera’s delivery and performance of Cloudera Products and Services under the Agreement, Customer shall create an account by providing Account Data. To the extent required by Applicable Law, Customer warrants and guarantees that it will collect and process Account Data in accordance with Applicable Law, including obtaining and providing, or otherwise granting, all rights, consents, permissions, and/or authorizations necessary to Cloudera for Cloudera to use and process Account Data.

B. Customer shall (i) ensure that it creates only one account per email address; (ii) ensure that all Account Data is current, accurate, complete, and lawful at all times for the duration of the Agreement; (iii) implement and maintain appropriate administrative, organizational, physical, and technical safeguards to ensure that Account Data is only used by the Customer’s authorized user(s) and that the credentials associated with Account Data and Account Data itself remain confidential and secure; (iv) notify Cloudera promptly upon becoming aware of any loss, alteration, unauthorized disclosure of, or unauthorized access to, Account Data or any unauthorized use of, or access to, its account; (v) monitor and control the individuals whom it designates and authorizes to create and use its account and who access its account; and (vi) remain fully responsible for all activities that occur under its account.

C. Cloudera shall not be liable for any losses, damages, liability, expenses, or attorneys’ fees that Customer may incur as a result of someone else (i.e., an unauthorized user) using Account Data and/or accessing or using the Customer’s account, either with or without the Customer’s knowledge and/or authorization, and regardless of whether Customer has advised Cloudera of such unauthorized use.  Customer shall be liable for losses, damages, liability, expenses, and attorneys’ fees incurred by Cloudera or a third party due to someone else using the Customer’s account.  In the event that Customer or its authorized user loses access to the Customer’s account or otherwise requests information about the account, Cloudera reserves the right to request from Customer or its authorized user any verification Cloudera deems necessary before restoring access to or providing information about such account, in its sole discretion.

D. Cloudera shall process Personal Data associated with Account Data as an independent data controller in accordance with Applicable Law. Cloudera’s Privacy Statement will govern any processing of said Personal Data, provided that Cloudera will process it solely for the purpose of delivering Cloudera Products and Services and in accordance with this Data Policy.

III. Customer Responsibility

A. Customer represents and warrants that it shall: (i) be responsible for the technical operation of Cloudera Products and Services, including ensuring that API calls Customer makes to any Cloudera Online Service are compatible with then-current APIs for Cloudera Online Services; (ii) comply with Applicable Law in its use of Cloudera Products and Services, including with respect to Confidential Information and any other data; (iii) lawfully possess any data, including Personal Data and/or Confidential Information, it provides or makes available to Cloudera; (iv) not disclose or provide to Cloudera any Restricted and Prohibited Data (except if the parties have specifically agreed in writing that Customer may transmit PHI or Cardholder Data and have entered into any required additional terms), and if Customer violates this prohibition, Cloudera shall have no liability whatsoever under the Agreement relating to such Restricted and Prohibited Data, notwithstanding anything to the contrary in Applicable Law; and (v) not disclose, provide, or make available to Cloudera any Workload Environment Data (including any Personal Data therein), including in connection with Support Services, and if Customer violates this prohibition, Cloudera shall have no liability or obligations whatsoever under the Agreement relating to such Workload Environment Data, notwithstanding anything to the contrary in Applicable Law.

B. In addition, Customer shall be responsible for (i) anonymizing data to the extent Customer deems it reasonable or prudent to do so; and (ii) properly handling and processing notices sent to Customer by any person or entity claiming that Customer is violating such person’s or entity’s rights, including notices pursuant to the Digital Millennium Copyright Act.

IV. Acceptable Use

Customer represents and warrants that it shall not: (i) use, or encourage, promote, facilitate, or instruct others to use, Cloudera Products and Services for any illegal, harmful, or offensive activities; (ii) transmit, store, display, distribute, or otherwise make available content that is illegal, harmful, or offensive, or that constitutes or Restricted or Prohibited Data, with Cloudera Products and Services; (iii) use Cloudera Products and Services to violate the security or integrity of any network, computer or computing device, communications system or equipment, or software application; (iv) make network connections to any users, hosts, or networks, unless Customer has permission to communicate with them; (v) use Cloudera Products and Services to transmit spam, bulk, or unsolicited communications; (vi) use Cloudera Products and Services to violate a third party’s rights, including intellectual property and privacy rights; (vii) use Cloudera Products and Services to process Confidential Information or other data, except as permitted or required by Applicable Law and in accordance with such law; and/or (viii) attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of Cloudera Products and Services.

V. On-Premise and Private Cloud Customer Environment and Data

A. On-Premise Computing Environment and/or Private Cloud Environment.   Customer acknowledges and agrees that it shall be solely responsible for implementing and maintaining all physical, technical, administrative, and organizational measures to ensure the confidentiality, integrity, availability, and resiliency of the On-Premise/Private Cloud Environment and any data therein (i.e., the On-Premise Data).  Customer acknowledges and agrees that it shall be solely responsible for the retention and back up of On-Premise Data.  Customer expressly assumes the risks associated with the foregoing responsibilities.

1. To deliver Cloudera Products and Services, Cloudera does not and cannot (i) host, manage, or access the On-Premise/Private Cloud Environment; or (ii) access or process any data in, on, or from the On-Premise/Private Cloud Environment.

a) The Parties acknowledge and agree that Cloudera shall not process On-premise Data.  Customer represents and warrants that it shall not disclose or make available to Cloudera any On-premise Data, including any Personal Data therein.

B. The Parties acknowledge and agree that Cloudera shall not be responsible for and has no obligations or liability whatsoever with respect to the On-Premise/Private Cloud Environment and On-premise Data, including, but not limited to, any access to or loss, destruction or damage, alteration or modification, disclosure, or corruption of said environment and data.

VI. Public Cloud Environments and Relevant Data

A. Workload Environment.   Customer acknowledges and agrees that it shall be solely responsible for implementing and maintaining all physical, technical, administrative, and organizational measures to ensure the confidentiality, integrity, availability, and resiliency of the Workload Environment and Workload Environment Data.  Customer acknowledges and agrees that it shall be solely responsible for the retention and back up of Workload Environment Data.  Customer expressly assumes the risks associated with the foregoing responsibilities.

1. To deliver Cloudera Products and Services, Cloudera does not (i) host and manage the Workload Environment; or (ii) access or process any Workload Data in, on, or from the Workload Environment.

a) The Parties acknowledge and agree that Cloudera shall not process Workload Environment Data.  Customer represents and warrants that it shall not disclose or make available to Cloudera any Workload Environment Data, including any Personal Data therein

2. The Parties acknowledge and agree that Cloudera shall not be responsible for and has no obligations or liability whatsoever with respect to the Workload Environment and Workload Data, including, but not limited to, any unauthorized access to or loss, destruction or damage, alteration or modification, disclosure, or corruption of said environment and data.

B. Control Plane  Customer acknowledges and understands that, to access and use the Control Plane, it must transmit to Cloudera the Control Plane Data

1. To the extent required by Applicable Law, Customer represents and guarantees (i) it shall have all the rights, consents, permissions, and/or authorizations necessary and has provided any necessary notices, in order to process and provide, disclose, or make available to Cloudera the Control Plane Data; (ii) it shall ensure the accuracy, quality, completeness, currentness, and legality of said Control Plane Data; and (iii) it shall be responsible for correcting, deleting, or providing access to said Control Plane Data.

2. By accessing or using the Control Plane, Customer authorizes and permits, or otherwise grants its consent or all necessary rights to, Cloudera to process Control Plane Data in connection with Cloudera Products and Services. Customer shall own all rights, title, and interest in and to the Control Plane Data. Cloudera shall process the Control Plane Data in accordance with Applicable Law and the Agreement, and for the sole purpose of providing Cloudera Products and Services, or as necessary to comply with Applicable Law.

C. Shared Responsibility Security and Compliance is a shared responsibility between Cloudera and each public cloud Customer.

VII. Diagnostics and Reporting

Customer acknowledges that Cloudera Products and Services contain a diagnostic and telemetry functionality as their default configuration to report Diagnostic and Telemetry Data, which Cloudera uses to find, diagnose, and fix problems; identify and mitigate threats; anticipate issues; provide guidance on optimization of Cloudera Products and Services; understand the operation or use of Cloudera Products and Services; and otherwise verify or maintain the health, quality, security, integrity, and performance of Cloudera Products and Services.  Said function collects Diagnostic and Telemetry Data and then reports said data to Cloudera.  Customer may elect to change the diagnostic and telemetry function in Cloudera Products and Services in order to disable regular automatic reporting or to report data only on the submission of a support ticket, provided, however, that Customer agrees that, no less than once per quarter, it will run said function and report the results to Cloudera no later than thirty (30) days prior to the end of the applicable quarter (where, for the avoidance of doubt, such quarter-end dates are January 31, April 30, July 31, and October 31). Customer hereby grants to Cloudera a non-exclusive, unlimited, worldwide, royalty-free right and license to use, copy, store, transmit, modify, create derivative works of, and display Diagnostic and Telemetry Data to provide Cloudera Products and Services and otherwise verify, maintain, and/or ensure the health, quality, safety, security, integrity, and performance of Cloudera Products and Services; to debug to identify and repair errors in regard to Cloudera Products and Services; to improve, upgrade, or enhance Cloudera Products and Services; and to conduct any other lawful business purpose.

VIII. Feature Usage Data

Cloudera is and shall remain the sole owner of Feature Usage Data and the Intellectual Property Rights therein.  Cloudera uses said data to analyze, enhance, upgrade, optimize, and improve Cloudera Products and Services and for any legitimate, lawful business purposes.

IX. Support Service Data

Cloudera will use Technical Support Data to provide Support Services.  To the extent that Technical Support Data does not identify Customer or its authorized users, Cloudera shall have the right to utilize findings or results from Technical Support Data in order to verify, maintain, and/or ensure the health, quality, safety, security, integrity, and performance of Cloudera Products and Services; to debug to identify and repair errors in regard to Cloudera Products and Services; to improve, upgrade, or enhance Cloudera Products and Services; and to conduct any other lawful business purpose.

X. Feedback Data

Cloudera shall own all rights, title, and interest, including all Intellectual Property Rights, in and to any improvements to Cloudera Products and Services or any new programs, upgrades, modifications, or enhancements developed by Cloudera in connection with Feedback Data.  Customer hereby grants Cloudera a worldwide, an unlimited, an irrevocable, a perpetual, a transferable, and a royalty-free right and license to use, sell, or otherwise commercialize or exploit Feedback Data for Cloudera’s business purposes without restriction, including to enhance, upgrade, optimize, and improve Cloudera Products and Services and to develop new functionalities and features, without restriction.

XI. Safeguards

Considering the nature, scope, context, and purposes of Cloudera Products and Services, Cloudera shall implement and maintain commercially reasonable and industry standard organizational, physical, and technical safeguards designed to protect and ensure the confidentiality, integrity, and availability of Cloudera Products and Services.

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