Mist Systems, Inc. Website Privacy Policy

Effective as of July 1, 2018.

This Privacy Policy is designed to help you understand how Mist Systems, Inc. (“Mist”, “we”, “us” or “our”) collects, uses and shares personal information.

What this Privacy Policy Covers

This Privacy Policy applies to our collection, use and sharing of your personal information a) when you visit our website at www.mist.com  (the “Site”), b) receive our communications or participate in our online or offline promotional activities or events, and c) that we obtain from third parties such as resellers, database vendors, content publishers and suppliers.

We provide services to business customers that use our services to help provide wireless network access to their users, personnel and guests.  This Privacy Policy does not apply to any information collected about your use of our customers’ networks, that you otherwise share with our customers or that we handle on our customers’ behalf (“Customer Data”).  Customer Data is collected, used and shared under the relevant customer’s privacy policy, which we encourage you to read.  Our customers contractually restrict our use of Customer Data.

Personal Information We Collect

Information you give us.  Personal information you may provide through the Site or otherwise communicate to us includes:

  • Contact information. We collect information about you when you provide contact information to us via email, mail, or through the Site.  This information may include your first and last name, company, title, email address, mailing address, and phone number.
  • Feedback and correspondence. We may collect information about you when you request information, respond to surveys, participate in market research activities, or otherwise correspond with us.
  • Job applications. Our Site may allow you to submit applications for employment opportunities with Mist, which may include your resume, cover letter and other personal information.  You may also provide additional personal information during interviews and other interactions with us regarding your application.  Personal information received in connection with job applications will be kept confidential in accordance with Mist’s standard HR policies.
  • Other information. We may collect other information from you that is not specifically listed here. We may use such information in accordance with this Privacy Policy.

Information we get from others.  We may obtain additional information about you from third party sources, such as data append service providers, publishers, lead generation vendors, social media sites, and advertising agencies to provide you with more relevant information about our products and services.  If you apply for a job with us, we may collect reference information and/or information received from background checks (where applicable) from third parties and information about your educational or professional background from publicly available sources.

Information automatically collected.  Our servers and third party service providers may automatically record certain information about how you use the Site, such as your Internet Protocol (IP) address, device and browser type, operating system, DNS, the pages or features of the Site that you browsed and the time spent on those pages or features, the frequency with which you use the Site, the links that you click on or use, and other statistics.  We collect this information in server logs and by using cookies and similar tracking technologies. See our Cookie Policy for more information.

Sensitive personal information.  We ask that you not provide to us any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin; political opinions, religion or other beliefs; health, biometrics or genetic characteristics; criminal background or union membership) through the Site or otherwise.

Changes to your personal information.  It is important that the personal information we hold about you is accurate and current.  Please let us know if your personal information changes during your relationship with us by emailing us at marketing@mist.com.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described to you in this Privacy Policy or at the time of collection:

To provide the Site and communicate with you. We use your personal information:

  • to provide, maintain and improve the Site;
  • to better understand your needs and interests, and personalize your experience with the Site;
  • to respond to your requests, questions, comments, and feedback; and
  • To perform website analytics and database management services.

To send you marketing communications. We may send you newsletters, promotions or other marketing communications but you may opt out of receiving them as described in the Opt Out of Marketing section below.

To advertise to you.  We may use your personal information to manage and serve ads in the Site or on third party sites and to tailor ads to your interests and browsing history.

For compliance, fraud prevention and safety.  We may use your personal information as we believe appropriate to (a) investigate or prevent violation of the law or our Terms of Use; (b) protect our, your or others’ rights, privacy, safety or property (including by prosecuting and defending legal claims); and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

For compliance with law.  We may use your personal information as we believe appropriate to (a) comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; and (b) where permitted by law in connection with a legal investigation.

To consider your job applications.  If you apply for a job with us, we will use your personal information for recruitment purposes, including evaluation of your application and skills, verifying your information, performing reference/background checks, and communicating with you about your application.  If you are offered and accept employment, the information we collect during the recruitment process will become part of your employment record.  If you do not receive and accept an offer of employment, we may retain your application for consideration for future employment opportunities.

With your consent.  In some cases we may ask for your consent to collect, use or share your personal information.

How We Share your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances:

Affiliates.  We may share your personal information with parent companies, subsidiaries and affiliates for use consistent with this Privacy Policy.

Service providers. We may share your personal information with third party companies and individuals as needed for them to provide us with services that help us with our business activities and to promote our products and services to you. These third parties are engaged under contracts restricting their use of your personal information.

Business partners.  We may share your personal information with our business partners and resellers who offer a service to you jointly with us, for example when running a cross-promotion.

Security, compliance, fraud prevention, safety; compliance with law. We may disclose your personal information as we believe appropriate to government or law enforcement officials or private parties for the purposes described above under the following sections: For compliance, fraud prevention and safety and For compliance with law.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy.

Your Choices

Access to Customer Data. Mist has no direct relationship with our customers’ users.  An individual who seeks to access, correct or delete Customer Data or other information that we handle on behalf of our customers should direct their request the relevant customer.  You may also contact us at marketing@mist.com if you have additional questions or concerns.

Opt out of marketing. You may opt out of marketing-related emails by following the opt-out prompt in the email or by updating your preferences at https://ai.mist.com/preferences.

Other Important Privacy Information

Third party sites and services

The Site may contain links to other websites and services operated by third parties.  These links are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites, applications or services, and are not responsible for their actions. Other websites and services follow different rules regarding their collection, use and sharing of your personal information. We encourage you to read their privacy policies to learn more.

Cookies and similar technologies.  We may allow service providers and other third parties to use cookies and other tracking technologies to track your browsing activity over time and across the Site and third party websites.  For more details, see our

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Security.  The security of your personal information important to us.  We take a number of organizational, technical and physical measures that are designed to protect the personal information we collect.  However, security risk is inherent in all internet and information technologies and we cannot guarantee the absolute security of your personal information.

International data use.  We are headquartered in the United States and have affiliates and service providers in other countries, and your personal information may be collected, used and stored in the United States or other locations outside of your home country.  Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country.  European Union users can find information about the transfer of personal information outside of the European Economic Area here.

Children.  The Site is not intended for use by anyone under the age of 16, nor do we knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, you may not attempt to use the Site or send any information about yourself to us.

Changes to this Privacy Policy.  We reserve the right to modify this Privacy Policy at any time. If we make changes to this Privacy Policy we will post them on the Site and indicate the effective date of the change.  If we make material changes to this Privacy Policy we will notify you by email or through the Site.

How to Contact Us

Mist Systems, Inc.
1601 South De Anza Blvd, #248
Cupertino, California 95014
United States of America
Attention: Privacy
Email: privacy@mist.com

Notice to European Users

The following applies to individuals in the European Economic Area.

Controller.  Mist Systems, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation and can be contacted here.

Legal bases for processing.  We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below.  If you have questions about the legal basis of how we process your personal information, contact us at marketing@mist.com.

Processing purpose Legal basis
To provide the Site and communicate with you You are subject to a contract with us and we need to use your personal information to provide services you have requested or take steps that you request prior to providing services.
To send you marketing communications

For compliance, fraud prevention and safety

To consider your job applications

These processing activities constitute our legitimate interests.  We consider and balance the potential impact on your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
For compliance with law

 

Processing is necessary to comply with our legal obligations.
With your consent Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated on the Site.
To share your personal information as described in this Privacy Policy This sharing constitutes our legitimate interests, and in some cases may be necessary to comply with our legal obligations.

Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your rights

European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to marketing@mist.com or our postal address provided above.  We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.  You can find your data protection regulator here.

Cross-Border Data Transfer

If we transfer your personal information from the European Economic Area or Switzerland and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so.  Please contact us.