Micro Focus International plc Privacy Statement

Privacy Statement

This Privacy Statement describes how Micro Focus International plc and its group companies including Attachmate, Borland, NetIQ, Novell, SUSE, Entco, EntIT ("Micro Focus", "Micro Focus Group", "we", "us" and "our") use any information from which any individual can be identified, such as names, contact details and ID data ("Personal Information"). At Micro Focus, we believe that the Personal Information you provide to us must be kept confidential and used in a responsible fashion. We consistently strive to put our best efforts towards achieving both of these objectives.

Micro Focus is committed to safeguarding all Personal Information we receive either directly from you or that has been provided to us from any third party ("you" and "your"). To the extent that any Personal Information is collected, it will be held in confidence in accordance with the Data Protection Legislation (as defined below). Please read the following Privacy Statement which explains how we use and protect your information.

We will only use Personal Information which is provided to us, or otherwise obtained by us, as set out in this Statement. We will ensure that your Personal Information is handled in accordance with the "Data Protection Legislation" (meaning any law applicable from time to time relating to the processing of Personal Information and/or privacy as the same may be re-enacted, applied, amended, superseded, repealed or consolidated in any jurisdiction to which we are subject, including without limitation, the UK Data Protection Act 1998, the General Data Protection Regulation (EU) 2016/679 (with effect from 25 May 2018), and the Privacy and Electronic Communications (EC Directive) Regulations 2003, CAN SPAM Act of 2003, in each case including any legally binding regulations, directions and orders issued from time to time under or in connection with any such law).

For the purposes of the Data Protection Legislation, Micro Focus International plc is the entity that determines for which and the manner in which any Personal Information that you provide to us or we otherwise obtain about you is or is to be processed.

This Privacy Statement covers:

  1. What information do we collect from you?
  2. What information do we receive from other sources? 
  3. How we process Sensitive Personal Information?
  4. How we manage Cookies
  5. What do we do with the information we collect? 
  6. Marketing
  7. Who do we share this information with?
  8. What about sharing Personal Information outside of the EEA
  9. How to get copies of or amend the information we have collected?
  10. When do we delete the data
  11. Security
  12. Linking to other websites
  13. Changes to the Privacy Statement
  14. Complaints
  15. Contact Details

1. WHAT INFORMATION DO WE COLLECT FROM YOU?

We may have either collected or received your Personal Information from a range of different sources as set out below.

When you use this website (www.microfocus.com) or any other of our websites (the "Website"), please bear in mind that we may record:

  • the areas of the Website that you visit; and
  • information about your computer, such as which browser you are using, your network location, the type of connection you are using (e.g. broadband, ADSL etc) and your IP address.

We do this by using cookies (although the information we gather through our cookies is protected). Please see our Cookie Notice

Once you register for membership, log in, or submit information through the Website we will know who you are and your activities on the Website and information about you and/or your company may be recorded on our systems. For example, we may ask for the following information when you sign up for membership of our specialist software support services or email news services, or when you buy products from us or register your products online:

  •  your name;
  • company name;
  • email address;
  • postal address;
  • job function;
  • country where you are based or purchasing/registering our products from;
  • telephone number;
  • login credentials
  • information relating to network access and network security;
  • your comments/questions;
  • the products/services you are interested in; and
  • any other Personal Information which we collect or receive from you from time to time.

We may also collect Personal Information from you at trade shows/events, from telephone calls, surveys and/or other correspondence with you.

If you make a purchase from us we may also ask for payment information such as the details of the payment card you are using to pay for any products/services.

Where you apply for a job with us, we may collect from you and third parties (where relevant) additional Personal Information such as your CV, any references and any other information that you supply to us as part of your application. Unless you ask us to keep such information on file for future opportunities or we need to retain such information for compliance with our legal obligations, in the event that you are unsuccessful, we will only retain this Personal Information for as long as is reasonably necessary to process your application.

Where you are employed by us, we may collect Personal Information from you which is necessary for us to carry out our obligations in connection with your employment, such as information we need for payroll, tax or pensions purposes. Personal Information which we process when measuring your performance, in connection with disciplinary action or in connection with applying for a work permit or visa or to comply with immigration law, and general Personal Information such as your name, contact details and emergency information.

Where you or your employer (or any other entity you work for) provide services to us, we may receive your Personal Information. We will only process such Personal Information in connection with the provision of the services and in accordance with this Privacy Statement. In addition, where necessary, we may also share your Personal Information with our customers or other third parties in order to provide our services.

By visiting and/or contacting us through the Website (or otherwise engaging with us), you acknowledge that we may collect, use and transfer your Personal Information as set out in this Statement. We reserve the right to change this Statement from time to time and you should therefore check this page frequently to ensure that you are happy with any changes.

2. WHAT INFORMATION DO WE RECEIVE FROM OTHER SOURCES?

We may receive information from third parties who collect Personal Information from you and pass it on to us. For example, we may receive information from the organisers of trade shows/events that you have attended.

Our staff may also give us emergency contact information as part of our emergency scenario planning and may give us details of their dependents and of other people in relation to their employee benefits arrangements. Where this is the case, our staff are responsible for obtaining the relevant consents from you to ensure you are happy with the ways in which your Personal Information will be used.

2.1 What about Sensitive Personal Information?

"Sensitive Personal Information" is Personal Information concerning an individual's (i) racial or ethnic origin, (ii) political opinions, (iii) religious beliefs or other beliefs of a similar nature, (iv) membership of a trade union, (v) physical or mental health or condition, (vi) sexual life or orientation, (vii) commission or alleged commission of any offence or any proceedings for any offence committed or alleged to have been committed by him/her, the disposal of such proceedings or the sentence of any court in such proceedings.

We may ask you to provide us with Sensitive Personal Information from time to time, for example in connection with an employment application. Providing us with this information is entirely voluntary and subject to your express consent, however, we may be unable to carry out some activities necessary to process your application, instructions or other requests without the provision of such information.

Where we do receive Sensitive Personal Information, we will only keep such information for as long as strictly necessary in order to comply with our obligations under the law.

3. COOKIES

For more information about our use of cookies please see our Cookie Notice.

4. WHAT DO WE DO WITH THE INFORMATION WE COLLECT?

We may use your Personal Information for a variety of reasons, the main reason is to provide you with the Website and our products and services (whether available via the Website or offline). We also use Personal Information for:

  • internal record keeping;
  • product and service development and support (including but not limited to "call-home" features to allow troubleshooting;
  • developing the Website;
  • answering your queries or complaints;
  • delivery of products or services and/or order fulfilment including through our resellers, distributors and other agents;
  • us to ensure that we comply with our own legal obligations;
  • where relevant, processing your application for employment and the purposes for which we process employee Personal Information as listed in section [●] above;
  • license verification tasks;
  • capacity monitoring;
  • corporate registrations;
  • market research;
  • marketing our own products and services (including special offers and upgrades) to you; and
  • our internal business processes.

5. MARKETING

If you are a customer of ours, you have previously asked us for information on our products and services (such as subscribing to our email news service) or we otherwise have the right to do so, then we may send you information about Micro Focus’ products and services or related data by post, email or telephone.

If you decide that you no longer wish to receive marketing emails from us, please follow the unsubscribe link in one of our marketing email messages and if at any time you do not want your information used for direct marketing purposes please contact us.

Please note that we may send out periodic emails, including to inform you of a technical service or security issues relating to a product or service you have requested or purchased, or confirming your request or purchase of a product or service. You will not be able to choose to unsubscribe from these communications, as they are considered an essential part of the service you have chosen.

6. WHO DO WE SHARE THIS INFORMATION WITH?

Where it is necessary for the performance of our contract with you or for our internal business purposes, or where otherwise required or permitted by law, your Personal Information may be shared and/or accessed across the Micro Focus Group. By submitting your Personal Information to us, you acknowledge that your Personal Information may be processed by one or more United Kingdom and United States Micro Focus Group companies, as well as the relevant group company situated in the country in which you are accessing the Website and the country in which you are purchasing or using our products/services, if different and any other group company where necessary for our internal business purposes. This may include a transfer of Personal Information from within the European Economic Area ("EEA") (and, to the extent the United Kingdom no longer forms part of the EEA and the United Kingdom), to outside of the EEA (see section below). Micro Focus International plc asks group companies to treat your Personal Information securely and in accordance with this Privacy Statement, and we have put in place protections to ensure that your information is safeguarded.

We may share your Personal Information with organisations acting on our behalf and with our manufacturers, agents, distributors or resellers, but they will only use this information where it is necessary for the performance of our contract with you or if we otherwise have a legitimate business interest. However, any such third party that we may share your information with must act in accordance with this Privacy Statement and our instructions.

We may also share your Personal Information with a purchaser or potential purchaser of our business.

We do not provide your Personal Information to external organisations (i.e. outside of Micro Focus) for their own marketing purposes without your explicit consent.

In some circumstances, it may be necessary to disclose your Personal Information if we are under a duty to disclose your Personal Information in order to comply with any legal obligation (including but not limited to the Clarifying Lawful Overseas Use of Data Act or CLOUD Act), carry out an internal investigation, enforce any our agreements, and/or protect the rights, property, or safety of the Micro Focus Group and our clients, directors, employees or other personnel.

7. WHAT ABOUT SHARING PERSONAL INFORMATION INTERNATIONALLY?

The Personal Information you provide to us may be transferred to and stored on our servers in the USA and elsewhere. We take steps to protect your Personal Information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

In processing your Personal Information, it will sometimes be necessary for us to transfer your Personal Information from one jurisdiction to another. For example, it may be necessary for us to transfer Personal Information from within the EEA to outside the EEA to our staff and our third party service providers. Where this is the case, we will take steps to comply with applicable Data Protection Legislation with regard to such transfer (and we will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Statement). Where any such cross-border transfer is undertaken, such steps may include: (i) incorporating certain standard terms into the contracts that govern the data transfer of data; or (ii) or only transferring data to countries that have the prior approval of the appropriate regulator in a particular jurisdiction.

By submitting your Personal Information to us, you acknowledge this transfer, storing or processing of your Personal Information.

8. HOW TO EXERCISE YOUR RIGHTS RELATED TO THE INFORMATION WE HAVE COLLECTED?

You have the right to ask us not to process your Personal Information: (i) for marketing or research purposes; (ii) where we are processing your Personal Information on the basis of your consent; or (iii) where you otherwise have a right to object to our processing pursuant to applicable Data Protection Legislation. We will usually inform you (before collecting your Personal Information) if we intend to use your Personal Information for such purposes or if we intend to disclose your Personal Information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your Personal Information or by contacting us at any time.

You have the right to see the Personal Information we hold about you and to ask us to: (a) make any changes to ensure that any Personal Information we hold about you is accurate and up to date; (b) erase or stop processing any Personal Information we hold about you where there is no longer a legal ground for us to hold it; or (c) in some cases, transfer any information we hold about you to a specified third party. If you wish to exercise any of these rights, please contact us.

9. WHEN DO WE DELETE THE DATA?

We will only keep your Personal Information for as long as we reasonably require and, in any event, only for as long as the Data Protection Legislation allows.

10. SECURITY

Micro Focus takes security of your personal data seriously and in order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online, including policies on access to information and firewalls. However, despite the measures we take, we cannot guarantee the security of any Personal Information from third party 'hackers' illegally obtaining this information.

Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.

If at any point you suspect or become aware of a security incident (i.e. your password is stolen or you receive a suspicious communication from someone holding themselves out to be a Micro Focus employee or from a dupe website claiming to be affiliated with Micro Focus), please forward the communication to us or report the incident using our contact details.

We maintain strict standards and procedures to prevent unauthorised access to your Personal Information and to ensure that your Personal Information is handled in accordance with this Statement. While we strive to protect your Personal Information, we cannot ensure the security of any Personal Information that you transmit to us over the internet and you do so at your own risk. However, once we receive your transmission, we take steps to ensure that your Personal Information is secure on our systems.

11. LINKING TO OTHER WEBSITES

The Website or marketing email messages sometimes include links to other websites which are not within our control. Once you have left the Website/marketing email message, we cannot be held responsible for the content of other websites or the protection and privacy of any information which you provide to those websites. You should exercise caution and look at the privacy statement applicable to the website in question.

12. CHANGES TO THE PRIVACY STATEMENT

Micro Focus may amend this Statement at any time without notice. By continuing to use the Website and making use of our services you agree to the updated Statement. If you do not agree to any changes that we make, you should not use or access (or continue to use or access) the Website, and/or our services. Any changes to this Statement will be posted on the Website.

13. COMPLAINTS

Should you have any queries or complaints in relation to how we use your Personal Information, please contact us. Should you wish to take any complaints or queries further, you have the right to contact the appropriate data protection authority in your jurisdiction regarding such issues.

14. CONTACT DETAILS

If you believe that Micro Focus has not complied with this Privacy and Cookie Statement, or if you have any questions about our privacy practices please feel free to contact us at compliance@microfocus.com. Alternatively, you may write to the Micro Focus Group Compliance Officer at the address provided below:

Micro Focus
The Lawn
22-30 Old Bath Road
Newbury
Berkshire, RG14 1QN
United Kingdom

If you have a complaint, please describe in as much detail as possible the ways in which you believe that this Privacy Statement has not been complied with. We will investigate your complaint promptly. This Privacy Statement was last updated: 22nd of May 2018.

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