Welcome to Our Websites

Thank you for visiting this website controlled by Micro Focus International plc and/or any of its group companies or affiliates ("We," "Our," "Us" or "Micro Focus").

These Website Terms of Use are a legal contract between you ("You" or "Your") and Us. They govern Your use of Our Website and all the text, data, information, software, graphics, logos, photographs, and more ("Materials"), as well as any services, that We make available or provide through Our Website. The terms "We," "Our," "Us" and "Micro Focus" may also, as the context requires, include certain of Our licensors and suppliers.

YOU CANNOT USE OUR WEBSITES IF YOU DO NOT UNDERSTAND AND ACCEPT THESE WEBSITE TERMS OF USE. YOUR USE OF OUR WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE WEBSITE TERMS OF USE.

These Website Terms of Use apply to any and all use of Our Website, including use through any account that You may set up through or on Our Website. Some Materials will only be available to You if You have an appropriate account. You agree to (i) provide true, accurate, current, and complete information in connection with Your use of Our Website and (ii) obtain and maintain all equipment, services and software needed for access to and use of Our Website. You are responsible for maintaining the confidentiality of Your passwords. If You suspect Your password or other security information for Our Website has been breached in any way, please notify Us promptly. We reserve the right to require that You change Your password or restrict Your access to Our Website as We deem reasonably necessary.

You must not (i) attempt any unauthorized access to Our Website, the server on which it is stored, or any server, computer, or database to which it is connected to Our site or (ii) attack Our Website via a denial-of-service attack or a distributed denial-of-service attack. Breach of this provision may constitute a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities, cooperate with those authorities, and disclose your identity to them.

We may collect certain personal information about You solely in connection with Your access and use of Our Website. Our use of that information is governed by the provisions of Our Privacy and Cookie Notice.

Ownership and Permitted Use of Our Website and Materials

Micro Focus International plc and its affiliates, and their licensors and suppliers, own all intellectual property rights in all Materials, as well as their arrangement, on Our Website. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Material is strictly prohibited without Our express written consent or that of the copyright owner.

We grant You a limited, personal, revocable, non-sublicensable, non-exclusive and non-transferable license to use and to display the Materials solely (i) in connection with Your use of Our Website for Your personal and internal business purposes as a customer or potential customer of Micro Focus ("Permitted Uses") and (ii) conditioned on Your compliance with these Website Terms of Use. If You are using our Website on behalf of a business, you represent that the business accepts and is subject to these Website Terms of Use. You have no other rights in Our Website or any Materials. Except as expressly permitted, you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell or in any way exploit Our Website or Materials in any manner and must retain Our copyright and other proprietary notices.

Unauthorized Use of Our Website, Acceptable Use Policy

We authorize only the limited uses of Our Website expressly described above. Any other use of Our Website is prohibited. All rights, title and interest not expressly granted are reserved. Unauthorized use of Our Website and Materials may violate intellectual property laws of the United States and those of other countries.

You may only use a crawler to crawl Our Website as permitted by Our Website's robots.txt protocol. We may block any crawlers at Our sole discretion.

Please refer to and abide by the examples of things to avoid described in Our Acceptable Use Policy. You must follow Our Acceptable Use Policy whenever You (i) use areas of Our Website (e.g., chat rooms, customer ratings, review areas, community and support forums) that permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission") or (ii) otherwise use our Website or any services offered from Our Website.

We respect the intellectual property rights of others and ask You to do the same. We may, in appropriate circumstances and at Our discretion, terminate access to and use of Our Website for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on Our Website, please let Us know by following the procedures found here Claims of Infringement on Our Websites

Terminating Your Use of Our Website

You or We may terminate Your use of Our Website at any time. Your use of Our Website will automatically terminate in the event You breach any of these Website Terms of Use. To clarify:

  • You may discontinue Your access to and use of Our Website at any time.
  • Unless We otherwise agree with You in writing, We may terminate, suspend, or modify Your registration with, access to, or use of all or part of Our Website, without notice, at any time and for any reason. In the event of a termination for breach, You must immediately destroy any downloaded or printed Materials and any copies thereof.

Disclaimers

OUR WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO OUR WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WE DO NOT PROMISE THAT THE WEBSITE IS FREE OF PROBLEMS OR ERRORS. Without limiting the generality of the foregoing, We make no warranty that Our Website will meet Your requirements or that Our Website will be uninterrupted, timely, secure, or error free or that defects in Our Website will be corrected. We make no warranty as to the results that may be obtained from the use of Our Website or as to the accuracy or reliability of any information obtained through Our Website. No advice or information, whether oral or written, obtained by You through Our Website or from Us or Our officers, directors, employees, or agents (collectively, "Micro Focus Parties") shall create any warranty.

Limitation of Liability

In no event will We be liable, in connection with Our Website or these, for (i) any indirect, special, incidental, consequential, punitive or similar damages; loss of profits, business, data (including, but not limited to, personal data) or programs (including, but not limited to, the cost of recovery or replacement of such data or programs); loss, damage or any costs due to interruption, delay or inability to use any of Our products or services, even if informed of the possibility of such damages in advance or (ii) any amount greater than One Hundred Dollars ($100). However, nothing in this provision limits any liability which may not be excluded or limited by applicable law.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to You. To the extent that any Micro Focus Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Micro Focus Party's liability shall be the minimum permitted under such applicable law.

Other Agreements; Software, Services or Access

We may provide products (such as hardware or software), services (such as software subscription services, consulting, hardware maintenance or repair or software maintenance, installation, or training) or access via Our Website under the terms of a separate agreement between You and Us, such as a license agreement or separate terms of sale (each, an "Other Agreement"). Our obligations regarding any product, service, or access that We make available to You under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and these Website Terms of Use shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Website Terms of Use and any Other Agreement, the Other Agreement will control. You are not granted any rights to download, install, or use any software that is supplied with or includes an end user license agreement unless you agree to the terms of such end user license agreement, whether presented to you before or after download. In the event software is provided without an end user license agreement, you may use the software solely for your personal, informational and non-commercial purposes.

For example, the use of any software that is made available to download from Our Website ("Software") is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install any Software that is supplied with or includes a License Agreement unless You first have agreed to the License Agreement. If there is no License Agreement, then these Website Terms of Use will govern Your use of that Software.

We May Modify Our Website

We reserve the right to modify, suspend, or discontinue all or any part of Our Website and/or any products, programs, services and other offerings provided through or in connection with Our Website at any time without notice to You.

We suggest You consult Your local Micro Focus business contact for information regarding the products, programs, services and any other offerings that may be available to You via or in connection with Our Website.

Trademarks

Our name, Our logos and other trademarks used by Us are registered trademarks of Our entities. You may use Our word marks, in text, to refer fairly and accurately to Us and Our products and services, subject to the guidelines below. Our logos are reserved for use by Us and those of Our partners and licensees that have a written agreement with Us that specifically authorizes logo use. No other use of Our logos or stylized marks is permitted. You may not use Our trademarks in a manner likely to mislead or confuse third parties, including regarding Your relationship with Us, any sponsorship or endorsement of Your company, products or services, or the origin of Your products or services. Any such use is unlawful and expressly prohibited. Please consult and abide by Our Trademark Guidelines regarding additional limitations on any use or reproduction of Our logos and other trademarks.

Links to Third-Party Websites

For Your and Our convenience, Our Website includes various links to third-party websites which are not under Our control. If You follow these links, You will leave Our Website. We are not obligated to review any third-party websites that You link to from Our Website. We do not control, and are not responsible for, any of the third-party websites (or the products, services, or content available through them). We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from Our Website, You do so entirely at Your own risk and subject to the privacy policies and terms and conditions for those third-party websites (rather than these Website Terms of Use).

Linking to Our Website

For Your convenience, You may create links to Our Website from other websites. Unless an express agreement states otherwise, You must comply with the following terms and all applicable laws if You provide anyone with a link to Our Website:

  • You may link to, but may not copy, any Materials.
  • You shall not create a browser or border environment around any Materials.
  • You shall not imply that We endorse or are affiliated with any such website that links to Our Website or any products, services, or content available through that website.
  • You shall not misrepresent Your relationship with Us.
  • You may not present false or misleading information about Us or Our products or services.
  • The website that links to Our Website shall not include content that could be construed as distasteful, offensive, a breach of privacy rights, controversial, illegal or of a sexual nature.
  • The website that links to Our Website shall include only content that is appropriate for all age groups.

U.S. Government Users

To the extent that Materials are downloaded for use by a department or agency of the U.S. government, or on its behalf by a prime contractor or subcontractor at any tier, consistent with the applicable provisions of the Federal Acquisition Regulation ("FAR") and supplements thereto, including the Department of Defense FAR Supplement ("DFARS"), commercial software, documentation and technical data for commercial items are licensed under Our standard commercial license terms.

International and Export Issues

We may administer Our Websites from Our offices in various jurisdictions, including the United States and United Kingdom. We make no representation that Our Websites are appropriate or available for use in other jurisdictions. Access to Our Websites from jurisdictions where its contents are illegal or restricted is prohibited. If you choose to access Our Websites, you do so on your own initiative and are responsible for compliance with applicable laws.

Materials available on Our Websites are subject to statutes, orders, or regulations which impose embargoes or control the export of goods, technology, software, supplies, and services, including weapons of mass destruction and arms, military, paramilitary and security equipment and dual-use items (items designed for civil use but which can be used for military purposes), and certain drugs and chemicals (collectively, "export controls"). You agree to comply with all export and re-export restrictions and regulations of the U.S. Departments of Commerce and Treasury and any other United States agencies and authorities, or those of other countries in connection with your use of Our Websites and to not, in violation of any laws, transfer, or authorize the transfer of, any Materials to a prohibited country or otherwise in violation of any laws. In particular, but without limitation, Materials may not, in violation of any laws, be exported, re-exported or otherwise transferred, directly or indirectly, to (i) embargoed or sanctioned countries or territories (currently Cuba, Iran, North Korea, Syria, Sudan and the Crimea Territory but subject to update as required from time to time by law and regulation) or to nationals and parties from those countries; (ii) any parties subject to trade control sanctions or blocking measures, including those designated on any of the lists of denied or restricted parties included in the United States Departments of State, Commerce and Treasury Consolidated Screening List (available at http://export.gov/ecr/eg_main_023148.asp) or by the European Union (EU) (available at https://data.europa.eu/euodp/en/data/dataset/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions); (iii) in breach of the United Kingdom's Export Control Order 2008 (as amended); or (iv) for use in the design, development, or production of nuclear, chemical, or biological weapons, or missile technology, or any other prohibited use. By accessing or downloading any Materials subject to any such restrictions and regulations, you represent and warrant that (a) you are not located in, under the control of, or a national or resident of any such country or on any such list, and (b) you are not located in or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria which list is subject to update as required from time to time by law and regulation, or (c) you are not restricted from receiving U.S. or U.K. goods; and that you will comply with all applicable U.S. and U.K. export laws and host country import laws.

Indemnification

You agree to indemnify, defend, and hold harmless the Micro Focus Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from violation of these Website Terms of Use by You or anyone using Your account. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.

Electronic Communications

When You visit Our Website or send e-mails to Us, You are communicating with Us electronically. We may respond to You by e-mail or by posting notices on Our Website. You agree that all such notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement

These Website Terms of Use, together with any additional terms to which You agree when using particular elements of Our Website, constitute the entire and exclusive and final statement of the agreement as between You and Us with respect to the subject matter hereof, superseding any prior agreements or negotiations between You and We with respect to the same. The Micro Focus Parties are third party beneficiaries with respect to the provisions in these Website Terms of Use that reference them.

Governing Law and Venue

These Website Terms of Use and disputes arising hereunder will be governed by and construed and interpreted in accordance with the Laws of the State of Delaware without giving effect to the principles of conflicts of law thereof. You and We irrevocably and unconditionally (i) consent to venue in the State of Delaware and to the exclusive jurisdiction of the state and federal courts in Delaware and (ii) waive any claims of forum non conveniens with respect to such venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Website Terms of Use.

Dispute Resolution

The procedures set forth in this Article will apply to any dispute, controversy or claim, whether in contract, tort or otherwise, arising out of or relating hereto ("Dispute") and will be the sole and exclusive procedures in connection with any such Dispute. You and We irrevocably waive any right to commence any action in or before any governmental authority, except as expressly provided in these Website Terms of Use, and except to the extent provided under the U.S. Federal Arbitration Act, in the case of judicial review of arbitration results or awards. EXCEPT AS EXPRESSLY PROVIDED, YOU AND WE IRREVOCABLY WAIVE ANY RIGHT TO ANY TRIAL IN A COURT THAT WOULD OTHERWISE HAVE JURISDICTION OVER ANY DISPUTE.

Except as provided below, all Disputes shall be resolved through mandatory and binding arbitration. The arbitration shall take place in Santa Clara County, State of California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Award may be entered in any court having jurisdiction. This clause shall not preclude Us from seeking equitable remedies as set forth below. The prevailing party in any legal proceeding shall recover its expenses in connection therewith, including reasonable attorney's fees. Except as required by applicable Law, the existence, content and result of all Dispute resolution proceedings will be confidential and will not be disclosed (other than to the extent required to enforce any agreement or award). You and We will each request that the arbitrator comply with such confidentiality requirement.

You acknowledge that, in the event You breach (or attempt or threaten to breach) Your obligations regarding Our intellectual property, We may be irreparably harmed and may proceed immediately seek equitable relief from any court of competent jurisdiction. If a court of competent jurisdiction should find that You have breached (or attempted or threatened to breach) any such obligations, You agree that, without any additional findings of irreparable injury or other conditions to injunctive relief, You will not oppose the entry of an appropriate order compelling Your performance and restraining You from any further breaches (or attempted or threatened breaches).

Forward-Looking Statements Disclaimer

Our Websites contain forward-looking statements that are subject to assumptions, risks and uncertainties associated with, among other items, the changing economic and business conditions in the countries, sectors and business segments in which We operate. These forward-looking statements involve a number of known and unknown risks and uncertainties, e.g., numerous assumptions regarding Our present and future business strategies and the environments in which We operate. They are not guarantees and may prove inaccurate. Actual outcomes could differ materially from those expressed or implied in these forward-looking statements. Please do not place undue reliance on these forward-looking statements. We disclaim any obligation to update or revise any of them, whether as a result of new information, future events or otherwise except as required by any applicable laws or regulations.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Website Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Website Terms of Use is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these Website Terms of Use remain in full force and effect. The section titles in these Website Terms of Use are for convenience only and have no legal or contractual effect. These Website Terms of Use shall remain in full force and effect notwithstanding any termination of Your use of Our Website. These Website Terms of Use will be interpreted without application of any strict construction in favor of or against You or Us. These Website Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

  • Our Website is provided by Micro Focus International plc and/or its group companies. If You have a question or complaint regarding Our Website, please contact us, including as much detail as possible, by writing to:

    Micro Focus
    Attn: Compliance Officer
    The Lawn
    22-30 Old Bath Road
    Newbury
    Berkshire, RG14 1QN
    United Kingdom
    compliance@microfocus.com
  • California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or TDD (800) 326-2297 or TDD (916) 322-1700.

We May Modify these Website Terms of Use

We may, in Our sole and absolute discretion, change these Website Terms of Use (including any other documents that are referenced in or linked to from these Website Terms of Use) from time to time. We will post notice of such changes on Our Website as applicable. If You object to any such changes, Your sole recourse shall be to cease using Our Website. Continued use of Our Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Website Terms of Use may be superseded by expressly-designated legal notices or terms located on particular pages of Our Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Website Terms of Use and to supersede the provision(s) of these Website Terms of Use that are designated as being superseded.

Cookies

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

Privacy Notice

1. Introduction

This Privacy Notice provides information on the collection, use, sharing and processing of personal information by Micro Focus and its affiliates ("we" or "us") in connection with your use of Micro Focus website, social media pages that link to this Privacy Notice, your interactions with Micro Focus during in-person meetings or at Micro Focus events, and in the context of other offline sales and marketing activities. This Privacy Notice also explains the choices you have in relation to these processing activities.

This Privacy Notice can change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on this website. In case there is an important change that we want to highlight to you, we will inform you in another way (for example via a pop-up notice or statement of changes on our website).

As used in this Privacy Notice, "personal information" or "personal data" means information that relates to an identifiable individual. For example, this could include among other things your name, address, email address, business contact details, or information gathered through your interactions with us via our website or at events. Our terms of use can be found here.

2. Scope

This Privacy Notice applies to the processing of personal information by Micro Focus of:

  • Visitors and users of the Micro Focus website, and our social media that links to this Privacy Notice;
  • Attendees of Micro Focus events;
  • Customers and prospective customers and their representatives;
  • Subscribers of Micro Focus marketing information;
  • Suppliers, business partners and their representatives.

3. Who is responsible for your personal information?

Micro Focus and its affiliated entities are responsible for processing your personal information described in this Privacy Notice.

4. Which types of personal information do we process and from which sources?

Micro Focus can process information about you collected both offline and online.

Offline information about you originates from our interactions with you during in-person meetings or at Micro Focus events, conferences and workshops.

Online information about you originates from your activities on our website, for example, in relation to inquiries or subscription to information, or from your interactions with Micro Focus via electronic communication tools such as email, text and telephone. Information about you may also be provided by third party sources, such as data aggregators who may not have a relationship with you, but you have consented for your information to be shared.

Online information about you may also originate from the use of cookies and similar technologies for example, pixel tags and device identifiers on our sites or sites of third parties.

Information about you that Micro Focus may collect and process includes:

  • name and address, email addresses and contact numbers;
  • demographic attributes, when tied to personal information that identifies you;
  • photographs and testimonials;
  • transactional data, including products and services received, financial details and payment methods;
  • company data such as the name, size and location of the company you work for and your tole within the company;
  • data from surveys and publicly available information, such as social media posts;
  • unique IDs such as your mobile device identifier or cookie ID on your browser;
  • IP address and information that may be derived from IP address, such as geographic location;
  • information about a device you use, such as browser, device type, operating system, the presence or use of "apps", screen resolution and the preferred language;
  • behavioural data of the internet connected computer or device you use when interacting with the website and social media sites, such as advertisements clicked or viewed, website content areas, date and time of activities or the web search used to locate and navigate to our website.

Please note that Micro Focus does not control the content that you may post to Micro Focus on social media networks; in some cases, such content may be publicly available on the Internet. You should carefully consider whether you wish to submit personal information to these networks and whether you wish to make your profile available to other users, and you should tailor any content you may submit accordingly.

5. Why and how do we use your personal information?

Micro Focus will use personal information for the following purposes:

  • to communicate and respond to your requests and inquiries to Micro Focus;

    if you get in touch with us (such as by submitting contact forms on our website, attending Micro Focus events or other occasions, sending an email or by visiting social media platforms), we process information about you to communicate with you and to respond to your requests or other inquiries. We can also process personal information to interact with you on third party social networks.
  • to deliver functionality on our website and for their technical and functional management;

    When you choose to register with us, we need to process the personal information provided by you so that we can manage your personal requests for information and respond to inquiries.
  • to administer subscriptions to services and information;

    If you subscribe to marketing information about our products and services, we process information about you to administer your subscription.
  • to market our products and services or related products and services, and to tailor our marketing and sales activities to your or your company's interests;

    Micro Focus may use information about you to notify you about new product releases and service development, events, alerts, updates, prices, terms, special offers and associated campaigns and promotions. Micro Focus may also use personal information to advertise our products and services or related products and services, and also to have our distributors, resellers or partners notify you about our products or services. We do our best to tailor your website visit, marketing experience and our communications to your expressed interests.

    If you attend an event, Micro Focus may process information about you gathered in relation to the event and can share information about your attendance with your company. Micro Focus also permit designated event partners or conference sponsors to send you communications related to your event attendance. Please note that our partners or conference sponsors may directly request information about you at their conference booths or presentations, and their use of your information that you provide to them will be subject to their Privacy Notices or Privacy Policies.

    We may also process your personal information to post testimonials on our website, but will first obtain your consent to use your name and testimonial.
  • to engage in transactions with customers, suppliers and business partners and to process orders for Micro Focus products and services;

    If you receive any products or services, or if you provide services to Micro Focus, our employees, customers or partners as a supplier or business partner, Micro Focus processes information about you to engage in and administer the relevant transactions (such as by sending invoices and making payments), administer your service, and help you get started and adopt our products and services.
  • to analyze, develop, improve and optimize the use, function and performance of our website and products and services;

    We may process personal information in order to analyze, develop, improve and optimize the use, function and performance of our website and products and services, as well as marketing and sales campaigns.
  • to manage the security of our website, networks and systems;

    We may collect site use data security and operations management to help keep our website, networks and systems secure, or to investigate and prevent potential fraud and cyber-attacks.
  • to comply with applicable laws and regulations and to operate our business.

    In some cases, we have to process personal information to comply with applicable laws and regulations. For example, to respond to a request from a regulator or to defend a legal claim. We may also process personal information in the performance and operation of our business, such as to conduct internal audits and investigations or for finance and accounting and archiving and insurance purposes.

6. What is our basis for processing information about you?

For personal information collected about you in the EU (to include the UK), our basis for processing is the following:

  • In order to communicate adequately with you and to respond to your requests, we need to process information about you and therefore have a legitimate interest in processing this information.
  • In order to engage in transactions with customers, suppliers and business partners, and to process purchases of our products and services, we need to process information about you as necessary to enter into and/or perform a contract with you.
  • In order to conduct human resource administration to include assessing suitability, eligibility and/or fitness to work, it is necessary to take action before entering into a contract to ensure contractual obligations can be fulfilled.
  • We process personal information for marketing and sales activities based on your consent where so indicated on our website at the time your personal information was collected, or further to our legitimate interest to market and promote our products and services.
  • We rely on our legitimate interest to analyze, develop, improve and optimize our website, products and services, and to maintain the security of our website, networks and systems.
  • We rely on our legitimate interest to use CCTV services to ensure our facilities and offices and its stored data is securely monitored.
  • In order to comply with our legal obligation to process and respond to complaints.
  • In order to comply with our legal obligation with applicable laws and regulations, such as to comply with a court order/subpoena or other legal process, or to process an opt-out request.

7. For what period do we retain personal information

Micro Focus maintains personal information for the following retentions periods:

  • Information about you we collect to engage in transactions with our customers, suppliers and business partners, and to process purchases of our products and services, will be retained for the duration of the transaction or services period, or longer as necessary for record retention and legal compliance purposes.
  • If you have registered with us to receive marketing information, your personal information will be retained for as long as you maintain an active subscription to our distribution lists.
  • Contact information such as your email address or phone number collected online on our website or offline from our interactions with you at Micro Focus events and conferences, and used for direct marketing and sales activities will be retained for as long as we have an active (customer) relationship with you. We treat you as an active contact if (i) you have interacted with Micro Focus or updated your contact details and preferences in the past 18 months; and (ii) you have not made a deletion request.

8. When and how can we share your personal information?

As a global organisation, information about you may be shared globally throughout the Micro Focus worldwide organisation. Micro focus employees are authorised to access personal information only to the extent necessary to serve applicable purposes in order to perform their job functions.

We share personal information with the following third parties:

  • Third-party service providers (for example, credit card processing services, analytics, event/campaign management, information technology and related infrastructure provision, auditing and other similar service providers), in order for those service providers to perform business functions on behalf of Micro Focus;
  • Micro Focus resellers for further follow-up related to your interests, specific partners that offer services or with third parties to facilitate interest-based advertising;
  • Relevant third-parties in the event of a reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business;
  • As required by law, such as to comply with a court order (subpoena) or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to Government requests, including public and Government authorities outside your country of residence, for national security and/or law enforcement purposes.

When third parties are given access to personal information, we will take appropriate contractual, technical and organisational measures designed to ensure that personal information is processed only to the extent that such processing is necessary, consistent with this Privacy Notice, and in accordance with applicable laws.

9. How is personal information handled globally?

Micro Focus is a global organisation with operations in over 40 countries ? personal information is processed globally. If personal information is transferred to a Micro Focus recipient in a country that does not provide an adequate level of protection for personal information, Micro Focus will take measures designed to adequately protect information about you, such as ensuring that such transfers are subject to the terms of the EU Model Clauses.

10. How is your personal information secured?

Micro Focus has implemented appropriate technical, physical and organisational measures designed to protect personal information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access, as well as all other forms of unlawful processing.

11. What are your choices?

We provide multiple choices in respect of the information we process about you:

  • Opt-in for our use of your personal information

    You may opt in to receive marketing information from Micro Focus, and in addition withdraw consent you have previously provided for the processing of information about you, including for email marketing by Micro Focus.
  • Delete personal information

    You can ask us to erase or delete all or some of the information about you that we process.
  • Change or correct personal information

    You can ask us to change, update or fix information about you in certain cases, particularly if it is inaccurate.
  • Object to, or limit or restrict use of personal information

    You can ask us to stop using all or some of the information about you or to limit our use of it, for example, if the information about you is inaccurate.
  • Right to be informed

    This Privacy Notice, together with our Cookies Policy, fulfils our obligation to tell you about the ways in which we use your information as a result of you using this website.
  • Right to access and/or have your information provided to you

    You can ask us for a copy of your information that we process about you.
  • Right to data portability

    You can ask us to move, copy or transfer the electronic personal data that we hold about you to another organisation.
  • Rights related to automated decision-making

    You can object to automated decision making without any individual involvement, and to the profiling of your data.

To can exercise your choices by contacting privacy@microfocus.com.

12. Notice regarding the sale of your personal information under the California Consumer Privacy Act (CCPA) 2018

We may disclose (but not sell) to a third party personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer.

You have the right under the CCPA, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information, or we have a legal obligation to disclose your information.

13. Do you collect sensitive information and information from children?

As a company focused on serving the needs of businesses, Micro Focus's website is not directed to minors and Micro Focus does not promote or market its services to minors. If you believe that we have mistakenly or unintentionally collected personal information of a minor through our website please notify us at privacy@microfocus.com.

14. Is processing of information likely to cause individuals to object or complain?

Micro Focus is not aware of any justifiable reasons that would constitute a legitimate reason for objecting or complaining about the way we process or control information.

15. Questions and comments

Questions and comments regarding this Privacy Notice are welcomed, and should be sent to privacy@microfocus.com.

Alternatively, you can write to our Privacy Team at the corporate headquarters address listed in section 16 below.

16. Micro Focus Corporate Headquarters

Micro Focus's corporate headquarters are located at:


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


Micro Focus LLC
4555 Great America Parkway, Ste 400
Santa Clara, CA 95054
United States of America

Code of Conduct

This Code of Conduct replaces the Standards of Business Conduct and The Worldwide Code of Business Conduct and Ethics.


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Accessibility

Section 508 Compliance

Micro Focus works diligently to ensure that the user interfaces of all of its products are designed to make product functionality accessible to people with physical, sensory, or cognitive disabilities. This is in conformance with the Section 508 amendment to the United States Workforce Rehabilitation Act and required by the Federal Acquisition Regulation (FAR). Detailed information on conformance of any Micro Focus product to Section 508 requirements is provided in a standardized form called a Voluntary Product Accessibility Template (VPAT) which is available from Micro Focus upon request.

Anti-Slavery Statement

Introduction

This statement is made pursuant to section 54(1) of the Modern Slavery Act and covers the Micro Focus financial year starting on 1 November 2018 and ending on 31 October 2019. This statement has been approved by Micro Focus International plc's Board of Directors on 25 March 2020 and is published on behalf of Micro Focus International plc and its qualifying group companies. References to "Micro Focus", "we", "us", "our" or the "company" are to each of these entities.

Micro Focus (LSE: MCRO.L, NYSE: MFGP) helps organizations run and transform their business. Driven by customer-centric innovation, our software provides the critical tools they need to build, operate, secure, and analyse the enterprise. By design, these tools bridge the gap between existing and emerging technologies—enabling faster innovation, with less risk, in the race to digital transformation. Our solutions span four key areas:

  • Enterprise DevOps—Build and deliver better software faster
  • Hybrid IT Management—Operate with agility
  • Security, Risk & Governance—Secure what matters most
  • Predictive Analytics—Analyse in time to act

Micro Focus is headquartered in Newbury (United Kingdom) and the Group has a presence in 48 countries worldwide and employs over 12,000 people. For more information visit www.microfocus.com.

Our Business and Supply Chain

As an office-based software company with a professional workforce, Micro Focus does not consider its own employees to be at high-risk from a slavery, forced labour or human trafficking point of view.

Micro Focus also does not have an extensive range of local or international suppliers and does not operate any manufacturing facilities. Our supply chain broadly consists of contract and outsourced workers (mostly professional consultants), telephone-based support services, and other goods and services provided in relation to our offices, such as stationery suppliers, caterers, office cleaners and suppliers of marketing merchandise.

We are nonetheless committed to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery, forced labour and human trafficking does not take place anywhere in our business or supply chains.

Risk Review

We continue to develop our risk-based approach to avoid modern slavery occurring in our supply chains. This includes informing our suppliers of Micro Focus' obligations under the Modern Slavery Act 2015 and the ethical standards expected of them by providing them with a copy of the relevant policies.

We review our procurement practices, systems and controls to further identify, assess and monitor potential risk areas in our supply chains, and identify ways to further mitigate the risk of slavery and human trafficking occurring in our supply chains. We include requests for information on modern slavery and supply chains in our Requests for Proposals. We also incorporate appropriate clauses on modern slavery in supplier contracts where applicable. Micro Focus' standard form purchase order terms (last updated in June 2019) include express obligations upon suppliers to comply with all applicable anti-modern slavery laws as well as Micro Focus' Modern Slavery Statement. Further, suppliers are required to take all reasonable steps to ensure that slavery, servitude, human trafficking, forced labour and/or child labour do not take place in its supply chains and/or in any part of its business, and suppliers are required to notify Micro Focus immediately if they become aware of any such circumstances.

Policies

Micro Focus' worldwide Code of Conduct is reviewed annually and was last updated in July 2019. The Code of Conduct outlines our commitment to observing the highest ethical standards that guide our business practices across a number of areas, including in relation to human rights.

The Code of Conduct has been communicated to all our staff (including through dedicated training), and includes our Anti-Slavery and Human Trafficking Policy.

Our Anti-Slavery and Human Trafficking Policy outlines our zero-tolerance approach to slavery and human trafficking and encourages employees to report any concerns immediately.

In addition, we have both an Anti-Bribery and Corruption Policy and a Whistleblowing Policy. Together, these policies aim to ensure that our business is conducted in an ethical and responsible manner and that employees are able to voice any concerns they may have securely and confidentially.

Due Diligence & Procedures

We have also published our Supplier Code of Conduct, which includes details of our standards on issues such as slavery, human trafficking, forced labour and child labour, for implementation across the total Micro Focus group. The Supplier Code of Conduct is available in the Micro Focus Supplier Portal.

We carry out assessments to ensure that suppliers are not on restricted parties lists.

Corporate Social Responsibility

Social responsibility and the respect for human rights is a core value at Micro Focus and shapes our behaviours, decision-making and culture. Our global Corporate Social Responsibility (CSR) programme covers every aspect of the organisation, from how we play our part in shifting to a lower carbon economy and reducing the effects of climate change, to how we manage relationships with employees, suppliers, customers and communities. The Micro Focus CSR Committee is responsible for ensuring that the company has a fit for purpose CSR programme and supporting policies.

For more information on our CSR initiatives, please see here.

Training

Information on modern slavery is included in our company-wide Code of Conduct and related training. This training takes place annually and is obligatory for all employees, including our sales, marketing, legal, procurement and finance teams.

In 2019, we conducted web-based Code of Conduct training to over 12,000 regular employees and face-to-face workshop training to over 1,100 employees in higher-risk countries.

Responsibility and Monitoring

The Board of Micro Focus International plc has overall responsibility for ensuring that the Micro Focus worldwide Code of Conduct and this statement comply with our legal and ethical obligations and that all those under Micro Focus' control comply with it.

Our Group Compliance Officer, supported by the Corporate Compliance and Ethics team, has primary and day-to-day responsibility for monitoring the Code of Conduct and this statement's use and effectiveness.

Reporting

If issues are identified in relation to modern slavery, these should be immediately reported to the relevant manager, the Legal Team or by using a dedicated confidential independent contact point: https://secure.ethicspoint.eu/domain/media/en/gui/104674/index.html

Signed:


__________________________

Stephen Murdoch
Chief Executive Officer

Micro Focus International plc

Tax Strategy

Introduction

This document sets out the Group's strategy for managing its tax affairs. The document will be published externally in accordance with recently enacted UK legislation prior to the end of the first applicable accounting period commencing 1 May 2017 and re-issued on an annual basis thereafter.

Responsibilities

Overall responsibility for the Tax Strategy rests with the Board.

The detailed policies for implementing the Tax Strategy are set out in the Group's Tax Policy document. Responsibility for updating and implementing the Tax Policy rests with the Chief Financial Officer.

The Audit Committee monitors compliance with the Tax Strategy and reports / makes recommendations to the Board accordingly.

The Tax Strategy is kept under ongoing review and is subject to formal review by the Board at least once a year.

Strategy

The Group's strategy with regards to tax is:

  1. to ensure the Group is fully compliant with its statutory and regulatory obligations ? ensuring complete and accurate tax returns are filed and the correct amount of tax is paid on time;
  2. to manage its tax costs by ensuring that tax is considered when the group carries out significant transactions or reorganisations, and that appropriate tax planning is implemented, which accords with the Group's long term business strategy and stakeholder expectations;
  3. to ensure the group takes advantage of statutory tax reliefs which are available to businesses generally (such as R&D tax credits or Patent/Innovation Box benefits);
  4. to ensure tax risks are appropriately identified, assessed and managed; and
  5. to ensure stakeholders have a comprehensive understanding of the Group's tax position.

The Group's tax strategy is fully consistent with the CBI's tax principles for UK business (attached).

Further details are set below.

Compliance and engagement with tax authorities

The Group will pay the amount of tax legally due in each territory.

Where the application of tax law is unclear, the Group will obtain appropriate professional advice which will support the position taken in the relevant tax return.

The Group will develop good working relationships and be fully open, honest and transparent in its dealings with HMRC in the UK and other tax authorities. The Group will aim to meet with HMRC on a formal basis at least annually to update them on business developments and significant ongoing / forthcoming projects. The Group will cooperate fully with enquiries raised by tax authorities and aim to respond to requests for information within one month of receipt; where that is not possible, we will discuss the appropriate timeline with the tax authorities.

Tax planning

The Group is committed to managing its tax costs as part of its strategy to maximise total shareholder returns.

The Group issues guidance to investors and other stakeholders with regards to its forecast Adjusted Effective Tax Rate (being the tax charge in respect of the Adjusted Profit Before Tax divided by the Adjusted Profit Before Tax, in percentage terms) in the medium term. This is for stakeholder information purposes and does not constitute a formal performance target.

All tax planning undertaken must be driven by a business purpose or commercial rationale and support the Group's business objectives. The Group will only enter into transactions which are fully justifiable in the event of scrutiny by the Group's wider stakeholders.

The Group will be fully open, honest and transparent with tax authorities with regards to all tax planning undertaken.

Risk management

Tax risks will be managed in accordance with the Group's risk management framework and procedures. This includes the maintenance of a tax risk register, which sets out the material tax risks faced by the Group. This will be reviewed by the Audit Committee at least twice per year.

The tax implications of all major transactions (for example M&A transactions, corporate structure changes, and cross-border intra-group transactions) will be reviewed in advance by the Group Tax team with appropriate support from external advisors.

The Group will ensure that all decisions are taken at the appropriate level with appropriate supporting documentation. As part of the decision-making process, due consideration will be given to the Group's reputation and corporate and social responsibilities.

The Group accepts that certainty of tax treatment cannot be achieved in all circumstances (in the context of both compliance and planning). The precise amount of tax risk the Group is willing to bear will depend on the facts and circumstances relevant to the issue under consideration. The level of tax risk, which the Group is exposed to overall, is considered as part of the review of the tax risk register and the level of provisions for tax exposures in the Group's financial statements.

Stakeholder information

The Group's financial reports, stakeholder presentations and other publicly-available documentation will provide stakeholders with a clear understanding of the Group's tax position, including its tax strategy and governance processes as well as the financial position (effective tax rate, taxes paid and tax assets/liabilities).

Statement of tax principles

To advance the debate on the responsible management of tax by UK business, the CBI offers this statement of tax principles for its members.

Intention of statement of principles

This statement of principles is intended to promote and affirm responsible business tax management by UK businesses. These principles are based on five key observations:

  • Public trust in the tax system is a vital part of any flourishing democracy
  • Transparency and co-operation between HMRC and business contributes to greater compliance and a better functioning tax system
  • Most businesses comply fully with all applicable tax laws and regulations, recognising the obligation of the UK government to protect a sustainable tax base
  • Tax is a business expense which needs to be managed, like any other, and therefore businesses may respond to legitimate tax incentives and statutory alternatives offered by governments
  • UK businesses contribute significantly to the UK economy and pay a substantial amount of tax comprising not only corporation tax, but also National Insurance, business rates and other taxes.

The objectives

  • To enhance co-operation, trust and confidence between HMRC, UK business taxpayers and the public in regard to the operation of the UK tax system
  • To promote the efficient working of the tax system to fund public services and promote sustainable growth.

Tax planning principles

  • UK businesses should only engage in reasonable tax planning that is aligned with commercial and economic activity and does not lead to an abusive result
  • UK businesses may respond to tax incentives and exemptions
  • UK businesses should interpret the relevant tax laws in a reasonable way consistent with a relationship of ?co-operative compliance' with HMRC
  • In international matters, UK businesses should follow the terms of the UK's Double Taxation Treaties and relevant OECD guidelines in dealing with such issues as transfer pricing and establishing taxable presence, and should engage constructively in international dialogue on the review of global tax rules and the need for any changes.

Transparency and reporting principles

Relationships between UK businesses and HMRC should be transparent, constructive, and based on mutual trust with the result that HMRC should treat business fairly and with respect, and with an appropriate focus on areas of risk. UK businesses should, therefore:

  • Be open and transparent with HMRC about their tax affairs and provide all relevant information that is necessary for HMRC to review possible tax risks
  • Work collaboratively with HMRC to achieve early agreement on disputed issues and certainty on a real-time basis, wherever possible
  • Seek to increase public understanding in the tax system in order to build public trust in that system, and, to that end:
    • They should consider how best to explain more fully to the public their economic contribution and taxes paid in the UK
    • This could include an explanation of their policy for tax management, and the governance process which applies to tax decisions, together with some details of the amount and type of taxes paid.