Legal Information

1. Introduction

This Privacy Policy describes how Fortanix Inc. and its subsidiaries (hereinafter: “Fortanix”, “we” or “us”) handles Personal Data of its (prospective) customers’ representatives, (website) visitors and suppliers. Fortanix takes your privacy very seriously and is committed to handling your Personal Data in a lawful, fair and transparent manner. This Privacy Policy explains in a detailed way how we do this. As we believe that the handling of your Personal Data is very important to both you and us, we encourage you to read this Privacy Policy carefully.

When we refer to "Personal Data" under this Privacy Policy, we mean any information through which we can identify you as an individual (e.g. your name, telephone number, e-mail address or other contact details). This does not include information which is related to legal entities, such as our customers’ company information (B2B data). Nevertheless, Fortanix will treat such B2B data in the same way as it would treat Personal Data.

California residents can view our California Consumer Privacy Act notice at collection by clicking here.

2. Scope of this Privacy Policy

This Privacy Policy applies to the use of the Personal Data of our (prospective) customer representatives, website visitors and suppliers:

• (Prospective) customer representatives: when we do business with our customers, we collect the contact details of the (legal) representatives of the customer. We collect this Personal Data for example through forms submitted via our website or by having contact via e-mail or telephone. In addition, we collect Personal Data of our customer’s representatives to provide access to our platforms and services.
• Website visitors: when you visit our website, we collect your (contact) details when you browse through our website and when you fill in or download forms on or from our website, such as to request a demo or trial for our products.
• Suppliers: when we do business with our suppliers, we collect the contact details of the (legal) representatives of the supplier. We collect this Personal Data for example to maintain contact over the telephone or via email, or to conclude a contract.

Fortanix Inc. is responsible (as ‘data controller’) for collecting and using your Personal Data as described in this Privacy Policy. Fortanix Inc. has appointed Fortanix B.V. as its EU-representative. The contact details of both entities can be found under section 13 of this Privacy Policy.

In addition, other specific Fortanix entities could be responsible as a separate data controller if you enter into a business relationship with them. In such cases, you will be informed of this separately.

Please note that Fortanix does not process any personal data (either as data controller or data processor) which is placed onto its platforms or solutions by its customers, other than the contact details of the customer’s representatives to provide access to our platforms or solutions (as described in this Privacy Policy). Further information about how personal data is handled within Fortanix’ products and services can be found in the relevant product terms.

3. How we collect and use of your Personal Data

The exact types of Personal Data that we collect and use are outlined below and depend on the relationship we have with you and the kind of services that we provide to you.

• (Prospective) customer representatives: In order to establish business relationships with you as a client and provide you with access to the relevant products and services, we process the following Personal Data of our customer’s business representatives (acting on behalf of the company):
  • your contact details: your name, e-mail address, signature (if included on contracts) and any other contact details you provide to us.
  • your use of our services: the Personal Data that is related to the use of our services, such as information required to create user accounts.
  • any other personal data: any Personal Data that you disclose in the course of your contractual relationship with us.
• Website visitors: when you visit our website we collect the following Personal Data of you:
  • your contact details: when you fill out the contact or downloading form on our website, we collect your name, company, e-mail address and telephone number.
  • automatically collected data: when you access our website, we automatically collect some of your data through your browser or device such as through cookies (such as your IP address, analytics regarding your use of our website and other unique electronic identifiers).
• Suppliers: when we enter into a business relationship with our suppliers, we collect the following Personal Data of our supplier’s business representatives:
  • your contact details: your name, email address, signature (if included on contracts) and any other contact details you provide to us.
  • any other personal data: any Personal Data that you disclose in the course of your company’s contractual relationship with us.

4. The legal basis we have for processing your Personal Data

We will only process your Personal Data if we can rely on one of the following legal bases:

• for the performance of our agreement with you (on behalf of the company you represent);
• to comply with a legal obligation;
• to act upon your consent;
• to pursue our legitimate business interests (or those of third parties).

5. Purposes for which we use your Personal Data

We will only process your data for specific and limited purposes which are linked to the legal bases that we set out above in section 4. These purposes are:

• for the performance of our agreement with you. To carry out the agreement that we concluded or will conclude with you on behalf of your company and to provide you with the information and services you request. For instance, we will need to process your Personal Data in order to keep in contact with you, manage and handle requests, provide (technical) support or customer service and to provide essential information regarding the services. We will also need to process your Personal Data in order to provide you with access to our products or services through a user account, as agreed with you.
• to comply with our legal obligations. To fulfill legal obligations such as maintaining appropriate business records and to comply with requests from governmental agencies, supervisory bodies or fiscal authorities and to comply with applicable laws and regulations.
• based on your consent. We may send marketing or other business related communications to our prospective customers, such as newsletters via email, if you have consented thereto. For existing customers, we send e-marketing (such as newsletters via email) based on our legitimate interests, as set out below.
• for our legitimate (business) This includes the following:
  • to send e-marketing (such as newsletters via email) to our existing customers for the purpose of advertising our products and services or otherwise engaging with our customers for marketing or commercial purposes, provided that you have not opted out.
  • to manage our internal client database (CRM) system, in order to keep track of our financials and services.
  • to operate and expand our business activities and services.
  • to develop and improve the quality of our services (e.g. by conducting customer satisfaction surveys or analyzing the use of our website).
  • to operate company policies and procedures, such as for training and learning purposes.
  • to invite our customers’ representatives for relevant business events.
  • to ensure and protect the integrity, security and safety of our systems. This includes the prevention of unauthorized persons from accessing our systems.
  • to enable us to make corporate transactions, such as mergers, sales, reorganizations, transfer of our assets or business or acquisitions.

6. Sharing your Personal Data
   
   To fulfill the purposes described above, from time to time we share your Personal Data with other Fortanix group companies or external service providers that assist us in delivering our services. These companies will have access to your Personal Data, but only when strictly necessary to perform their services. We do this on a strict need-to-know basis and we ensure that we enter into contractual agreements with these companies before we share your Personal Data. These companies are:

• other entities within the Fortanix Group: we will share your Personal data internally between the responsible Fortanix entities for management purposes, internal administrative purposes, or other business related purposes as described in this Privacy Policy, such as to provide you with our services and to guarantee our contractual commitments towards our customers. You can find a list with all of our locations on our website.  
• third party service providers: such as our business partners, hosting providers and analytics and search engine providers that support us in the improvement and optimization of our website and internal systems (e.g. our IT service providers, analytics provider, cloud storage provider).
• third parties in case of legal requirement or legal claims: where required by law, we share your Personal Data with third parties such as tax authorities, supervisory bodies or governmental or judicial agencies. We may also share your Personal Data with other third parties, such as law firms, where necessary to initiate or defend ourselves against any legal claims.