Wind River Terms and Conditions

Privacy and Security

WIND RIVER PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“California Privacy Notice”) supplements the information contained in the Privacy Notice of Wind River Systems, Inc. (“Wind River”) and applies solely to California residents who visit or use the Wind River website, www.windriver.com, (the “Website”), interact with us online, or receive the Wind River products or services (collectively, our “Services”). This California Privacy Notice describes the personal information that Wind River collects about you, the rights you have with respect to that information, and how you can exercise those rights. Wind River adopts the California Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and the California Online Privacy Protection Act (“CalOPPA”) and any terms defined in the CCPA and CalOPPA have the same meaning as used herein. In this California Privacy Notice, “we,” “us,” and “our” refer to Wind River. “You” refers to you , an individual.

Information We Collect

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

  • Category A – Identifiers
    Examples: Name, postal address, Internet Protocol address, email address, driver’s license number, passport number, or other similar identifiers.
     
  • Category B – Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
    Examples: Name, signature, Social Security number, address, telephone number, fax number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, bank account number, credit card number, debit card number, or any other financial information, medical information.
     
  • Category C – Protected classification characteristics under California or federal law
    Examples: Age, ethnicity, citizenship, religion or creed, marital status, physical illness, mental illness or disabilities, gender, veteran status.
     
  • Category D – Commercial information
    Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
     
  • Category F – Internet or other similar network activity
    Examples: Access history and information on your interaction with our Website and/or application.
     
  • Category G – Geolocation Data
    Examples: Physical location or movements
     
  • Category I – Professional or employment-related information
    Examples: Current or past job history or performance evaluations.
     
  • Category J – Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
    Examples: Education level, school attended.

Personal information does not include:

  • Publicly available information from government records.

  • De-identified or aggregated consumer information.

  • Information excluded from the CCPA's scope, like:

    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services that you purchase from us.

  • Directly and indirectly from you when using our Services or visiting our Website. For example, usage details collected automatically in the course of your interaction with our platform or Website.

Information We Collect From You Online

We do not collect information that enables us to determine your actual identity before, during or after your visit to our Website, other than information that you voluntarily supply to us (e.g. by submitting information through our “Contact Us” form.) We may, however, automatically receive and store certain other information, such as the name of the domain you used to access the Internet and general geographic location, as well as your computer’s Internet Protocol (IP) address and browser. We also may collect information about your device identifier, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, the website you came from and visit next, and other diagnostic data. We may collect this information through the use of cookies. We use this information to evaluate the performance of our Website, to provide meaningful and relevant content to our visitors, and to audit it for security purposes. We collect this information using cookies. You can learn more about opting out of cookies below.

We also collect information from you when you voluntarily provide it to us online, such as when you submit feedback via email. We also collect any information you provide to us in response to our survey, resource download or registration forms.

We also collect information from you when you log into your account through our customer support network, we collect your username and password, along with any additional information you provide to us while you are logged on to the client portal.

Our Website uses third party services to help us evaluate the performance of our Website and to give us information about how online visitors use and interact with our websites. These services use cookies to collect authentication details, online identifiers, cookie identifiers, IP addresses, browsing history, device identifiers, activity log files and user names. One of the third-party services we use is Google Analytics. To learn more about how Google Analytics uses information from sites or apps that use its service, please see Google’s Privacy Policy, which is accessible here: https://policies.google.com/privacy.

Our Website makes news groups available to its users and contains links to other websites, including our partner pages or industry news publications, that are controlled by third parties and provide access to third-party information and services. These links are provided to you as a convenience, and we are not responsible for the content, action or performance of any linked website. Please be aware that other websites have their own privacy policies, and their data gathering practices may be different from ours. We are not responsible for the information collected by other websites if you link to them from our website. We cannot guarantee how those sites use cookies or whether they place cookies on your computer that may identify you. You should carefully review the privacy policies of each website you visit to understand how it collects and uses information.

Cookies

Cookies are small text files placed on a user’s computer or smartphone, and are commonly used to collect personal data. Cookies are sent to your browser from a website and stored on your device. The cookie does not contain your name, address, phone number, email address, or anything that enables us to determine your actual identity. Instead, we use cookies to collect information such as a computer’s IP address, the type of the computer’s operating system, the type of internet browser software, what web pages were viewed and at what time.

Our Website, www.windriver.com, uses session cookies and persistent cookies.

  • Session cookies are temporary cookie files. Session cookies help our website keep track of your movement from page to page so that you are recognized within the website, and any information that you have entered is remembered. Session cookies are erased when you close your browser.
  • Persistent cookies help our website remember you when you visit in the future. The result is faster and more convenient access for you. Things that our cookies remember about you are, for instance, language selection for our website and your other preferences. Persistent cookies stay in your browser’s subfolders until they are deleted.

You may instruct your browser to refuse all cookies or to indicate when a cookie is being sent. In some cases, refusing cookies may affect the availability or functionality of the certain web features available to you on our Website.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, when you subscribe to a newsletter, create an account, make a purchase or request information from Wind River, we may ask for things like contact, billing, shipping and communication information, payment card or financial account data, and account ID or credentials in order to fulfil your request. Depending on the service or product that we are providing, we may also collect additional information such as location data and specific technical information about the user's development environment to enhance product functionality and better understand the needs of our customers.
  • To provide you with email alerts email alerts and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose and for other reasons as permitted by law. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.
  • To our partners when you access the documents, products or programs available on the Wind River Marketplace.
  • To our affiliate entities and subsidiaries for the purposes described in this Privacy Notice.
  • To a third party in the event of any contemplated or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  • To other persons or entities where you consent to the disclosure.

We may also disclose your personal information to comply with laws, legal processes and law enforcement to the following categories of third parties:

  • To government, law enforcement officials, regulators and others as we believe is necessary or appropriate to respond to claims and legal processes (including subpoenas and administrative summonses), to protect the property and rights of Wind River or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be illegal, unethical or legally actionable.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

  • Category A: Identifiers.
  • Category B: California Customer Records personal information categories.
  • Category C: Protected classification characteristics under California or federal law.
  • Category D: Commercial information.
  • Category F: Internet or other similar network activity.
  • Category G: Geolocation data.
  • Category I: Professional or employment-related information.
  • Category J: Non-public education information.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about what personal information we collect, use, disclose and sell (Wind River has not sold and does not sell your personal information). Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we have collected about you in the last 12 months, why we have collected it, and whether we have disclosed that information for a business purpose.
  • The categories of sources from which we collect personal information.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that we delete your personal information we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you or a person that you authorize to submit a request to know your personal information or to delete your personal information on your behalf, may make a verifiable consumer request related to your personal information. If you would like to have another person submit a request on your behalf, you may contact us by e-mail at privacy@windriver.com or call us at (510) 748-4100 and tell us that you would like to authorize another person to submit a request to know or delete on your behalf. You will need to provide us with written permission authorizing the other person to submit a request to know or delete on your behalf. We will give you instructions on how to send the written authorization to us. We will still verify your identify and will verify that you have given your authority to another person.

You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

If you submit a request to know or delete personal information, we will verify your identity. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to the registered email associated with the account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt Out of the Sale of Your Personal Information

Where a business sells your personal information, you have the right to opt-out of the sale of that information. In the preceding twelve (12) months, Wind River has not sold and does not sell your personal information. Wind River does not have actual knowledge that it sells the personal information of minors under 16 years of age.

Non-Discrimination

You have the right not to receive discriminatory treatment by us because you have exercised your privacy rights. This means that you have the right not to be denied goods or services, charged different prices, or provided a different level or quality of Services, just because you have exercised your privacy rights.

Correction of Information Collected From You Online

CalOPPA provides you with the right to correct the information that we collected about you online. If you entered information online and later need to correct that information, please contact us by e-mail at privacy@windriver.com. Please note that if we cannot associate the information to you, we may not be able to correct it.

“Do Not Track” Signals

Most browsers can be set to send signals to third party websites requesting them not to track the user’s activities. At this time, Wind River does not respond to “Do Not Track” signals. Third parties that have content embedded on Wind River’s website such as a social feature may set cookies on your browser and/or obtain information about the fact that a web browser visited a specific Wind River website from a certain IP address. Our third party service providers such as Google Analytics, and other third party websites and online services may indeed track and collect information about your online activities over time while navigating to, from and on our online services and across those third party websites and online services, notwithstanding any “Do Not Track” signals we may receive.

Security of Your Personal Information

To protect your personal information from unauthorized access and use, we use security measures that comply with applicable law. These measures include firewalls and Secure Socket Layers.

Changes to Our Privacy Notice

We reserve the right to amend this California Privacy Notice at our discretion and at any time. If we materially change this California Privacy Notice, we will post the updated notice on our Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this California Privacy Notice, the ways in which we collect and use your personal information, your choices and rights regarding such collection or use, or wish to exercise your rights under California law, you may contact us via email at privacy@windriver.com or call us at 800-545-WIND (800-545-9463).

Date California Privacy Notice was last updated

Effective April 2, 2021