NETGEAR Privacy Notice

 

 

NETGEAR Inc., and its affiliates and subsidiaries (collectively, “NETGEAR” “we” “us,” or “our”) takes your privacy seriously. This Notice describes how we collect, use, disclose, transfer, and otherwise process the Personal Information of website visitors, consumer customers and other individuals who interact with us ("you", "yourself" or "your")  It also tells you about your rights with respect to your personal information, and how you can reach us to update it or get answers to questions you may have about our privacy practices.

1. Scope

This Notice applies to NETGEAR's processing of Personal Information – that is any information relating to an identified or identifiable natural person such as yourself in connection with:

   (1) NETGEAR hardware products (including our routers and gateways, our ReadyNAS products and switches, and our Meural products ) (“Products”),
   (2) All NETGEAR-owned websites and domains and website(s) that may be accessed at http://www.netgear.com/ and http://www.meural.com (“Sites”),
   (3) services, including technical support and services accessible through the Sites (“Web Apps”),
   (4) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and
   (5) subscription services, including services you can access using the Web Apps and Mobile Apps (“Subscription Services”), (collectively, the “Services”).

Third parties may also integrate NETGEAR’s Products and Services into their products and services and we are not responsible for this integration.  Additional information on our privacy practices may be provided in other documents such as offer descriptions, supplemental privacy statements, or notices provided prior to or at the time of data collection.

2. Quick links

We recommend that you read this Privacy Notice in full to ensure you are fully informed.  However, if you only want to access a particular section of this Privacy Notice, then you can click on the relevant link below to jump to that section.

1. Scope
2. Quick links
3. What does NETGEAR do?
4. What personal information does NETGEAR collect and why?
5. How We May Use Your Personal Information
6. How We Share Your Personal Information
7. Your Rights and Choices
8. Data Transfers
9. Privacy Shield Notice
10. Legal Basis for Processing
11. Children’s Privacy
12. How We Protect Your Personal Information
13. Third Party Services
14. Update to this Notice
15. How to Contact Us

3. What does NETGEAR do?

NETGEAR is a leading provider of networking equipment, headquartered in the USA but with group companies all around the world.  At NETGEAR, we turn ideas into innovative networking products that connect people, power businesses, and advance the way we live. Easy to use. Powerful. Smart. And designed just for you.

For more information about NETGEAR, please see the “About Us” section of our Site.

4. What personal information does NETGEAR collect and why?

We collect personal information relating to you in different ways:

 

We collect information directly from you when you provide your personal information to us via our websites, when you use our products or otherwise interact with us. 

The information we collect from you depends on the nature of your interaction with us, but may include the following:

·         we may ask you to provide your contact details in order to register an account with us (for example, on  MyNETGEAR or Meural), to subscribe to marketing communications from us, apply for a giveaway or promotion or become a beta tester, and/or to submit inquiries to us. 

·         we collect user IDs, passwords, password hints and similar security information required for authentication and access to MyNETGEAR or Meural.

·         we collect your credit card number when you buy a subscription to use one of our services, for shipping services related to a warranty replacement, or when you buy/license an application from the NETGEAR App Marketplace.

·         we may collect demographic information such as your sex or age, your interests or hobbies so that we can understand you better and provide better services to you.

·         we collect information you provide when you interact with us in-person, online, or by phone or mail with our help desks or other customer support channels, our responses to customer surveys or contests or additional information you provide to us to facilitate the delivery of our services and to respond to your inquiries.

·         we may collect information that you share or post on our Sites or through our  NETGEAR marked Mobile Apps or Web Apps. For example, we collect information that you post in a public space on our Sites, such as message boards and community forum.

·         we may collect your business contact details in order to provide services at a business level.

·         we collect your contact details and information about your professional qualifications, including your curriculum vitae and references when you apply for a job with NETGEAR

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.

We collect information from you passively 

When you visit our Sites or use our Products and Services, we may collect certain information automatically from your device and App(s).  In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws.

·         we may also collect information about how your device has interacted with our Site, including the pages accessed and links clicked, or our products.  Specifically, the information we collect automatically may include information like your IP address, device type, unique device identifiers, advertising identifiers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. 

·         we collect information related to the use our Products and Services and statistics about the performance of your NETGEAR device(s). This information includes IP address, device type, unique device identifiers, firmware version, configuration settings, Wifi settings, Internet speed, voltage information, storage information, error rates, App download and usage, services and feature usage, crash diagnostics, and other performance information.

Collecting this information enables us to better understand the visitors who come to our Sites and customers who use our Products and Services and what content and/or feature(s) is relevant and of interest to them.  We also collect this information to provide you with the appropriate upgrade(s) and support and to improve our Products and Services.

Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology” [link] below

Third parties may also collect information using cookies. Some websites have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. To learn more about our cookie policy, click here.

We collect information from third party sources and combine that information with personal information we already have so that we can provide better, more personalized services to you. 

From time to time, we may receive personal information about you from third party sources such as:

·         Social Media Platforms for example, if you access our Services using your Facebook account login, we may receive Personal Information about you such as your name, email address, and gender. Any Personal Information that we collect from your Facebook account may depend on your Facebook account’s privacy settings.

·         Online Stores, Retail Stores, Authorized Resellers, Distribution Partners if you purchase NETGEAR Products or Services from one of these partners, we may receive information about you and your purchase.

·         Services partners with whom we offer co-branded services such as security and parental control software, or engage in joint marketing activities.

·         Marketing partners that work with us on social media and online channels to sponsor giveaways and promotions.

·         Third parties personal information: if you choose to provide us with a third party's Personal Information (such as name, email, and phone number), you must ensure that you have the third party's permission to do so. Examples include providing us with the names and images that you associate with account users, forwarding reference or marketing material to a friend, or sending job referrals.

We only collect information from third parties 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. 

We collect additional information if you use our Meural products  

 

In addition to the types of data listed above, we also collect the following types of data if you use our Meural products:

 

·         Functional Data: This data is necessary for your Meural product or device to perform its basic functions in a secure way. We also collect system data including product type, device type, controller operating system, software version, information about WiFi antennas, backlight settings, product orientation, the names you have given your Meural product  in different rooms, and error information.

 

We collect this information to help ensure that your Meural product(s) and devices are working properly, to provide you with customer support and to honor your visual art preferences. We also collect this information to guide product and device improvement and customer support decisions.

 

·         Performance/Usage Information. This includes things like the lighting environment of your device, WiFi information like signal strength, how often you use Meural Services you have connected to your Meural System, information about how often you use the Meural App versus other control mechanisms, flow of interactions within the Meural App, how often you use the physical controls on the unit, and location data when the Meural App is in use, flow of interactions within the Meural App, and duration of Meural product  and device use.

 

·         Activity Information: This includes duration of image viewing, image downloads, device grouping (if multiple devices on a single registered account) information, command information (such as image rotation, brightness adjustment, schedule settings, and image rotation), information about playlist data; and Meural playlist or Meural favorites information; each correlated to individual Meural devices. If you enable voice control we will collect comparable information about usage and control.

 

5. How We May Use Your Personal Information

At NETGEAR we only use your Personal Information for legitimate business purposes, such as:

a. Provide you with the Services and communicate with you in connection with those Services. We will use your Personal Information to deliver our Services and to interact with you directly.

b. Maintain, improve and develop Products and Services. We will use your Personal Information to ensure our Services are working as intended and to make improvements to our Services.  We will also use the information we collect in existing Services to help us develop new ones or to customize Services for you.

c. Internal data analyses. We use Personal Information for internal analytics to understand how our Services are used.

d. Marketing. We may send you marketing communications about products, services, offers, programs and promotions (including contests, sweepstakes and any other marketing activities) either directly from us or from our partners. These might be our own offers or products, or offers for third-party products we think you might find interesting, but we do not share information with third parties for their independent marketing or promotional purposes.

e. Protect our company, prevent fraud and securing our products. We may use your Personal Information to protect our company, our customers, or our Sites. 

f. Compliance with law and other standards. We may use your Personal Information as required by applicable laws and regulations or requested by any judicial process or governmental agency having or claiming jurisdiction over NETGEAR or its affiliates. 

g. Other activities. We may process your Personal Information for other purposes for which we provide specific notice at the time of collection.

 

6. How We Share Your Personal Information

At NETGEAR we only share your Personal Information when we have legitimate business reasons for doing so. We may share Personal Information in the following ways or as otherwise disclosed to you at the time of data collection:

a. Within the NETGEAR family of companies worldwide. We may share the Personal Information we collect with our headquarters and affiliates.

b. With service providers. We also may share Personal Information with our service providers who perform services on our behalf based on our instructions and in compliance with appropriate confidentiality and security measures. Examples of services include: processing of orders and credit card transactions, detecting and preventing fraud, providing customer support, creating marketing content, and assisting us with sales-related efforts or post-sales support.

c. We may share information with any successor to all or part of our business. We may sell, transfer or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets, spin off of assets into a separate business, or similar transaction, or in the event of insolvency or bankruptcy. Should such an event occur, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner that is consistent with this Privacy Notice.

d. We may share information for legal reasons. We will share Personal Information with companies, organizations or individuals outside of NETGEAR if we have a good faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • meet any applicable law, regulation, legal process or enforceable governmental request
  • enforce applicable Terms of Use, including investigation of potential violations
  • detect, prevent, or otherwise address fraud, security or technical issues or
  • protect against harm to the rights, property or safety of NETGEAR and its employees, our users or the public as required or permitted by law.

e. Others. If we otherwise notify you and you consent to the sharing.

 

7. Your Rights and Choices

Depending on your country of residence, you have certain rights regarding the Personal Information we maintain about you and certain choices about what Personal Information we collect from you, how we use it, and how we communicate with you.

  • 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 [link].
  • In addition, you can object to 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 [link].
  • 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 [link]. We do not share information with third parties for their independent marketing or promotional purposes
  • Similarly, if we have collected and process 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.

 

 8. Data Transfers

NETGEAR is a global business.  We may transfer your Personal Information to recipients in countries other than your country, including the United States, where we are headquartered. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your Personal Information to other countries, we will protect that information as described in this Privacy Notice or as disclosed to you at the time of data collection.  By using our Sites, Products, and Services or providing any Personal Information, where applicable law permits, you agree to the transfers, processing, and storage of your Personal Information outside of your country of residence. 

If you are located in the European Economic Area, ("EEA"), we comply with applicable legal requirements providing adequate safeguards for the transfer of Personal Information to countries other than the country where you are located. In particular, we use contractual protections for the transfer of Personal Information to third parties, such as the European Commission’s Standard Contractual Clauses. 

9. Privacy Shield Notice

NETGEAR complies with the EU-US and the Swiss-US Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from EU member countries and Switzerland. NETGEAR certifies that it adheres to the Privacy Shield principles on notice, choice, accountability for onward transfer security, data integrity and purpose limitation, access, and recourse, enforcement and liability. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit www.privacyshield.gov/list

NETGEAR’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. NETGEAR complies with the Privacy Shield Principles for all onward transfers from the EU and Switzerland, including the onward transfer liability provisions. NETGEAR 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.

NETGEAR commits to resolving complaints about your privacy and our collection and use of your personal information within 45 days of receiving your complaint. Individuals with questions or complaints regarding this Privacy Policy should first submit inquiries via e-mail to privacypolicy@netgear.com. For any unresolved privacy complaints under the Privacy Shield Principles, please contact NETGEAR’s independent dispute resolution body, JAMS, https://www.jamsadr.com/eu-us-privacy-shield). 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"

10. Legal Basis for Processing

If you are located in the EEA, we process your Personal Information for the purposes listed under 5 above based on the following legal grounds:

a. You have consented to the use of your Personal Information. For example, we may seek to obtain your consent for our uses of cookies when you visit our Site, or to send you marketing communications.

b. We need your Personal Information to provide you with Products and Services requested by you, or to respond to your inquiries.

c. We have a legal obligation to use or disclose your Personal Information, for example, if we are responding to a legal process or an enforceable governmental request.

d. We (or a third party) have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information for things like:

  • Providing, maintaining, and improving our Services to meet the needs of you and  other users
  • Developing new products and features that are useful for you and our other users
  • Understanding how people use our Services to ensure and improve the performance of our Services
  • Customizing our Services to provide you with a better user experience
  • Marketing to inform existing customers about our Services
  • Detecting, preventing, or otherwise addressing fraud, abuse, security, or technical issues with our Services
  • Protecting against harm to the rights, property or safety of NETGEAR, our users, or the public as required or permitted by law
  • Performing research that improves our services for our users and benefits the public
  • Fulfilling obligations to our partners like developers and rights holders; and
  • Enforcing legal claims, including investigation of potential violations of applicable Terms of Use.

In addition, if we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.

NETGEAR, Inc, together with NETGEAR International Limited acting as its EU Representative, is the entity responsible for the processing of your Personal Information, and you may exercise your rights to your Personal Information by emailing us at: privacy.policy@netgear.com, or write to us at:

NETGEAR Inc.

350 East Plumeria Drive

San Jose,

CA 95134

USA

or

NETGEAR International Limited

First Floor, Building 3, University Technology Centre

Curraheen Road

Cork

Ireland

You may also contact our Data Protection Officer at dpo@netgear.com.

 

11. Children’s Privacy

Our Products and Services are meant for adults. We do not knowingly allow children under 6to set up NETGEAR or Meural accounts. If you believe that we may have collected Personal Information from someone under 16, please let us know using the methods described in the Contact Us section and we will take appropriate measures to investigate and address the issue promptly.

Certain NETGEAR’s products are also equipped with parental control features. To learn more about them, click here.

 

12. How We Protect Your Personal Information

We intend to protect the Personal Information entrusted to us and treat it securely in accordance with this Privacy Notice. We maintain administrative, technical and physical safeguards to protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. We also contractually require that our suppliers protect such information from unauthorized access, use, and disclosure. The Internet, however, is not 100% secure. We cannot promise that your use of our Sites and Services will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords.  

If you participate in a discussion forum, local communities, or chat room on a NETGEAR website, you should be aware that the information you provide there (i.e. your public profile) will be made broadly available to others, and could be used to contact you, send you unsolicited messages, or for purposes neither NETGEAR nor you have control over. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. NETGEAR is not responsible for the Personal Information or any other information you choose to submit in these forums. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

 

Retention of Personal Information

 

We also take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it or when you request its deletion, unless we are allowed or required by law to keep the information for a longer period. We complete periodic reviews of our databases, and have established time limits for certain data deletion, taking into account the type of services provided in the context of the Products and Services, the length of our relationship with you, mandatory retention periods, and the statute of limitations.

 

13. Third Party Services

 

Our Services may contain features or links to websites and services provided by third parties. If you click on a link to a third party site, you will be taken to websites we do not control. Any information you provide on third-party sites or services may be provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through us. This Notice does not apply to the privacy practices of that website. Read the privacy policy of other websites carefully. We are not responsible for these third party sites or services to which links or access are provided through our Services.

 

14. Update to this Notice

 

We may update this Privacy Notice from time to time. If we modify our Privacy Notice, we will post the revised version here, with an updated revision date. We recommend that you visit these pages periodically to be aware of and review any such revisions. If we make material changes to our Privacy Notice, we may also notify you by other means prior to the changes taking effect, such as by posting a notice on our Sites or sending you a notification.

 

15. How to Contact Us

 

If you have any questions, comments or complaints about this Privacy Notice and our privacy practices, or would like to update your privacy preferences, please contact us at:  privacy.policy@netgear.com or write to us at:  NETGEAR Inc. 350 East Plumeria Drive San Jose, CA 95134

 

This NETGEAR Privacy Notice was revised and posted as of July 10, 2019.