Data privacy is important to the Harmonic group of companies, which includes Harmonic Inc. and its subsidiaries and affiliates (“Harmonic”). This Privacy Notice explains how we collect, share, and use the personal information we collect about you as a visitor to our websites, and how you can exercise your privacy rights. This Privacy Notice applies to all Harmonic websites and products and services that link to or reference this Notice. If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided under the “How to contact us” at the bottom of this Privacy Notice.

By visiting our websites, using certain service offerings, or providing us with your personal information, you consent to the collection, processing, and storage of your personal information as described in this Privacy Notice.

What personal information does Harmonic collect and why?

The personal information that we may collect about you broadly falls into the following categories:

Information that you provide voluntarily

We may ask you to provide certain information voluntarily, such as your name, email address, postal address, phone number, title, occupation, login information and marketing preferences. We collect personal information for a number of reasons, including for the following purposes:

• Providing you with whitepapers, newsletters and marketing collateral;
• Responding to inquiries on purchasing or demonstrations of Harmonic products and services;
• Sending you Harmonic product-related announcements;
• Connecting with Harmonic’s global service and support organization;
• Registering for or responding to inquiries on training sessions;
• Enabling software downloads;
• Enabling certain product purchases;
• Registering for SaaS or other managed services, like our VOS^®360 platform offering;
• Joining online community forums, like the VOS Community;
• Enabling access to the Harmonic Partner Network Portal or other similar portals;
• Responding to inquiries on becoming a potential new Harmonic channel or technology partner;
• Registering for a Harmonic webcast;
• Responding to sales, employment, investor relations or general inquiries.

If we ask you to provide any other personal information not described above, then the personal information we will ask you to provide, and the reasons why we ask you to provide it, will be made clear to you at the point we collect your personal information.

Information that we collect automatically

We may also collect certain information automatically from your device when you visit one of our websites. In some countries, including countries in the European Economic Area, 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, domain name, device type, 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 websites, where they come from, and what content on our websites is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our websites to our visitors.

Some of this information may be collected using cookies. See “Cookies and similar tracking technology” below.

Information that we obtain from third-party sources

From time to time, we may receive personal information about you from third-party sources (including business partners, trade press and third-party sites that display Harmonic advertising or content), 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 may include your name, email address, postal address, phone number, title and occupation, and we use the information we receive from these third parties to maintain and improve the accuracy of the records we hold about you, or to create new contacts in our marketing database.

We may receive personal information about you if you receive our products or services through one of our third-party resellers or partners.

In addition, managed service offerings (like our VOS360 solution) that are part of a customer’s video delivery infrastructure require third-party content delivery network (CDN) companies to provide us with end-user IP address information, to enable proper service delivery. Such IP address information is not associated with any end-user personal information, and we do not have access to end-user personal information.

Who does Harmonic share my personal information with?

We may disclose your personal information to the following categories of recipients:

• within Harmonic and any of our worldwide subsidiaries and affiliates, third-party service providers and partners for purposes of data processing or storage, or for purposes that are described in this Privacy Notice or notified to you when we collect your personal information;
• to business partners, service vendors authorized third-party agents or contractors to provide or support a requested service or transaction. Examples include, but are not limited to: processing of orders and payment transactions, operating our websites, marketing campaigns, hosting event or seminar registrations, and providing field service and other customer support activities;
• to any competent law enforcement body, regulatory, government agency, court or other third parties where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice; and
• to any other person with your consent to the disclosure. We do not sell or rent your personal information to any third parties for marketing purposes.

Legal basis processing personal information (EEA visitors only)

If you are a visitor from the European Economic Area (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. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

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 “How to contact us” heading below.

Cookies and similar tracking technology

We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you. For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookie Notice here.

How does Harmonic keep my personal information secure?

Harmonic implements physical, administrative, and technical safeguards designed to protect your personal information from unauthorized access, use, or disclosure. Information is accessed only by authorized staff who are instructed to handle Information with confidentiality, and it is protected by firewalls and standard industry security measures. We may also transmit sensitive information and transactional data using encryption. We also contractually require that our suppliers protect such information from unauthorized access, use, and disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. The Internet, however, cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any personal information you provide to us.

International data transfers

As Harmonic is a global organization with subsidiaries and third-party service providers and partners operating around the world, your personal information may be transferred to and processed in, countries other than the country in which are resident. These countries may have data protection laws that are different from the laws of your country and, in some cases, may not be as protective.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice. These include implementing a Global Data Transfer Agreement incorporating the European Commission’s standard contractual clauses for transfers of personal information between and among our group companies, which require all of our subsidiaries to protect personal information they process from the EEA in accordance with European Union data protection law.

Our Global Data Transfer Agreement can be provided on request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.

Data retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting 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.

Your data retention rights

You have the following data protection rights:

• If you wish to access, correct, update or request the deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “How to contact us” heading below.
• In addition, if you are a resident of the European Union, you can object to the processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “How to 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 e-mails 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 “How to 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 the 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. (Contact details for data protection authorities in the European Economic Area, Switzerland, and certain non-European countries (including the US and Canada) are available here.)
• We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Children’s Privacy

Harmonic encourages parents and guardians to take an active role in their children’s online activities. Harmonic does not knowingly collect personal information from children under the age of 16 without appropriate parental or guardian consent. If you are a parent or guardian and you think your child under 16 has given us information, please contact us using the contact details provided under the “How to contact us” heading below.

Third-Party Websites

Our Websites may, from time to time, contain links to websites operated by third parties. Please note that this Privacy Notice does not apply to personal information collected and stored by third parties. If you choose to visit any of those sites, then the privacy policies of those third-party sites would apply and you should read those policies carefully before you submit any personal information to those sites. We are not responsible for the content, terms, and conditions or policies of such third-party websites.

Updates to this Privacy Notice

We may update this Privacy Notice from time to time in response to changing legal, technical, or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.

You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at the end of this Privacy Notice.

How to contact us

If you have any questions or concerns about our use of your personal information, please contact us at privacy@harmonicinc.com.