Last Updated: April 04, 2019
MemSQL, Inc. and its subsidiaries and affiliates (collectively “MemSQL,” “our,” “we” or “us”) are committed to respecting your privacy. This Privacy Notice (“Notice”) describes how we collect, use, disclose, store and otherwise process information through www.memsql.com and its affiliated websites and other products and services in the United States. In addition, this notice states how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Notice.
MemSQL, Inc. is located in the United States and is certified with the EU-U.S. and Swiss-U.S. Privacy Shield Framework regarding the collection, use, and retention of personal information from the EU and Switzerland and the United States.
We urge you to read this Privacy Notice so that you understand our commitment to you and your privacy, and how you can participate in that commitment.
This Privacy Notice covers only data collected through the site and our products and services where there is a direct link to this notice, not any other data collection or processing, including, without limitation, data collection practices of webpages to which the site links, or data that we or our affiliates collect offline or through webpages that do not display a direct link to this Notice.
Types of Data and Collection Methods
Personal information means information that identifies you or allows us to contact you, like your name or email address. The personal information that we may collect about you broadly falls into the following categories:
Information that you provide voluntarily
Certain parts of our Website may ask you to provide personal information voluntarily: for example, we may ask you to provide your contact details in order to create an account, subscribe to marketing communications from us, and/or to submit inquiries to us. We may also ask you to provide feedback or a testimonial which we may display on our website or in other promotional materials, with your agreement. The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. You may provide this information to us via phone calls, chats, emails, web forms, surveys, social media, and other methods of communication.
Information that we collect automatically
When you visit our Website, we may collect certain information automatically from your device. In some countries, including countries in the European Union and/or European Economic Area (“EU/EEA”), this information may be considered personal information under applicable data protection laws.
Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g., country or city-level location), and other technical information. We may also collect information about how your device has interacted with our Website, including the pages accessed and links clicked.
Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.
Some of this information may be collected using cookies and similar tracking technology, as explained further in our Cookie Statement
Information that we obtain from third party sources
From time to time, we may receive personal information about you from third party sources (including from companies that provide marketing lead information), but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.
The types of information we collect from third parties include your name and contact information and we use the information we receive from these third parties to provide you with information regarding our products and services, our industry insights and other direct marketing purposes.
Collection Purposes, Use of Data
We collect personal information for the purposes of operating, maintaining, protecting and improving our site, products, and services and to better understand the preferences of our site visitors and to personalize your experience on our site. We also use your personal information to communicate with you via technical notices, updates, security alerts and support and administrative messages so as to support our business functions, such as customer support, fraud prevention, marketing, industry benchmarking and analysis consistent with our legitimate business purpose, and legal and/or regulatory functions. To do this, we may combine personal and non-personal information, collected online and offline, including information from third party sources.
Sharing and Disclosures of Personal Information
MemSQL will not rent or sell your personal information to others, but may disclose personal information with third party vendors and service providers that work with us, and as described in this Privacy Notice. For example, we may share personal information about you including as follows:
Vendors, Consultants and Other Service Providers. We may share your information with third party vendors, consultants and other service providers who provide information systems or who are working on our behalf and require access to your information to carry out that work, such as to provide customer support, quality assurance, etc. These service providers are authorized to use your personal information only to the extent necessary to assist MemSQL in providing MemSQL products or services.
Third Party Applications & Services. MemSQL products and services may connect you to third party applications or services. If you choose to use any such third party applications or services, we may share information about you including your username and/or email address and such third parties may contact you directly as necessary. This Privacy Notice does not apply to your use of any such third party applications and services, and we are not responsible for how those third parties collect, use and disclose your information. We encourage you to review the privacy policies of those third parties before connecting to or using their applications or services to learn more about their information and privacy practices.
Compliance with Laws. MemSQL may be required to disclose personal information to authorities, law enforcement agencies, government agencies, or legal entities. We may disclose information by law, litigation, or as a matter of national security to:
a) comply with valid legal process, including subpoenas, court orders or search warrants, or as otherwise authorized or required by law;
b) in the event of an emergency that threatens an individual's life, health, or security; or
c) to the extent permitted by applicable law in special cases in which we believe it is reasonably necessary to investigate, identify, or take preventive measures or bring legal action against someone who may commit or cause harm, fraud, abuse, or illegal conduct, such as a threat of harm to you or anyone else, interference with our rights or property, or interference with U.S. homeland or national security or public safety anywhere in the world.
Business Transfers. MemSQL may share or transfer your information 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.
Aggregated or Anonymized Data. We may also share aggregated or anonymized information that does not directly identify you with third parties.
Your personal information may be transferred to, and processed in, countries other than the country in which you live. These countries may have data protection laws that are different to the laws of your country. Specifically, while our Website servers are located in the United States, and our affiliated companies and third party service providers and partners operate around the world. This means that when we collect your personal information we may process it in any of these countries.
However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice.
If we transmit personal information across national boundaries, we make reasonable efforts do so in compliance with any national laws that govern the cross-border transfer of information. If you require more information, please contact us using the contact details below.
EU-US Privacy Shield & Swiss-US Privacy Shield
MemSQL’s responsibility for data it receives pursuant to the Privacy Shield and subsequent transfers of that data to third parties is detailed in the Privacy Shield Principles. MemSQL complies with the Privacy Shield Principles for all onward transfers from the EU and Switzerland, including the onward transfer liability provisions. MemSQL remains responsible under the Privacy Shield Principles for third-party agents processing personal data on its behalf.
With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
. For any unresolved privacy complaints under the Privacy Shield Principles, please contact MemSQL’s independent dispute resolution body JAMS
. Under limited circumstances, binding arbitration may be a dispute resolution mechanism if your complaint is not resolved through these channels. Please visit the Privacy Shield website for additional information about the arbitration process at www.privacyshield.gov
We retain personal information we collect from you where we have an ongoing legitimate business need to do so or to comply with applicable legal requirements.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Opt-Out; Notice to California Residents
MemSQL allows you to opt-out of receiving advertisements based on your interests. If you opt-out of Internet-based advertising, you will still receive advertisements, but they will not be tailored to your interests. However, you may still receive advertisements based on the content of the web page you are visiting. Similarly, California Civil Code Section 1798.83 permits users of our site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or to opt out of such advertisements or third party disclosures, please send an email to firstname.lastname@example.org.
Your Rights and Choices
Depending on where you reside, you may have the following privacy rights:
If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “Contact Us” heading below.
In addition, if you are a resident of the European Union, you can object to processing of your personal information, ask us to restrict processing of your personal information orrequest portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact Us” heading below.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Contact Us” heading below.
Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Security of all information is of the utmost importance for MemSQL. We use technical and physical safeguards, including industry-standard encryption technology, to protect the security of your personal information from unauthorized disclosure. We also take reasonable efforts to ensure that only necessary people and third parties have access to personal information. Nevertheless, no service is completely secure and security measures cannot prevent all loss, misuse or alteration of personal information; we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of personal information that may affect you so that you can take the appropriate actions for the protection of your rights. MemSQL also reviews its security procedures periodically to consider appropriate new technology and updated methods.
We also require that our third party service providers and channel partners agree to keep all information we share with them confidential, and to use the information only to perform their obligations pursuant to the agreements we have in place with them. These third party service providers and channel partners are expected to maintain privacy and security protections that are consistent with MemSQL’s privacy and information security policies. While we provide these third parties with no more information than is necessary to perform the function for which we engaged them, any information that you provide to these third parties independently of MemSQL is subject to their respective privacy policies and practices.
Legal Basis for Processing (EEA visitors only)
If you are a visitor from the EU/EEA, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contact Us” heading below.
Changes to This Notice
MemSQL may change this Privacy Notice from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Notice and, in some cases, we may provide you with additional notice (such as adding a Notice to our homepage or sending you an email notification). If there are material changes to this Privacy Notice, we will notify you more directly by email or means of a notice on the home page prior to the change becoming effective. We encourage you to review our Privacy Notice whenever you access any MemSQL products or services to stay informed about our information practices and the ways you can help protect your privacy.
If you disagree with any changes to this Privacy Notice and do not wish your information to be subject to the revised Privacy Notice, you will need to deactivate your accounts with us and stop using this site and/or the MemSQL products and services. Your use of any of the MemSQL site, products or services after the posting of such changes shall constitute your consent to such changes.
Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this Notice. You may send us an email at email@example.com
or write to us
534 Fourth Street,
San Francisco, California 94107
telephone: +1 855 463-6775.