Last Modified: 25 September 2020
Nuix Pty Ltd, and its subsidiary companies (“Nuix”), respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below.
- IMPORTANT INFORMATION AND WHO WE ARE.
- THE INFORMATION WE COLLECT ABOUT YOU.
- USE OF PERSONAL DATA
- DISCLOSURE OF PERSONAL DATA
- EU-U.S. AND SWISS-U.S. PRIVACY SHIELD
- MARKETING EMAILS
- RETENTION OF YOUR PERSONAL DATA
- EXTERNAL LINKS
- YOUR RIGHTS
- DISPUTE RESOLUTION
- CHANGES TO THIS NOTICE
1. Important information and who we are.
Purpose of this privacy notice
This privacy notice aims to give you information on how Nuix collects and processes your personal data through your use of our websites (e.g., https://www.nuix.com, https://support.nuix.com, etc.) and from the use of Nuix portals, which make reference to this notice. For purposes of this privacy notice, the terms “user,” “customer”, “you” and “your” are meant to refer to the individuals about whom we may collect data.
Nuix is made up of different legal entities, so when we mention "Nuix", "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the Nuix company group that is responsible for processing your data. For individuals located in the EU, Nuix Ireland Limited is the data controller, as that term is defined under the EU General Data Protection Regulation (GDPR).
The Nuix Legal Department is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise any rights that may be afforded to you, please contact the Legal Department at firstname.lastname@example.org or using the details set out below:
In the EU by writing to us at:
Nuix Ireland Limited
Attention: Legal Department
4700 Airport Business Park, Cork Airport
County Cork T12 XE1E, Ireland
In Australia by writing to us at:
Nuix Pty Ltd
Attention: Legal Department
Level 27, 1 Market Street
Sydney, NSW 2000
In the United States, or anywhere else not mentioned here, by writing to us at:
Nuix North America Inc.
Attention: Legal Department
Suite 300, 13755 Sunrise Valley Drive
Herndon, VA 20171
2. The Information We Collect About You.
Information We Collect Automatically
When you visit our website, our server automatically collects certain browser or device generated information, which may in some cases constitute personal data, including but not limited to:
- your domain;
- your IP address;
- your date, time and duration of your visit;
- your browser type;
- your operating system;
- your page visits;
- information from third parties;
- other information about your computer or device;
- Internet traffic.
Information You Provide
In order to access or use certain portions of the website or enjoy the full functionality of the website, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
- by filling in forms (for example, a 'Contact us' form) on our website or at a trade show or anywhere else we conduct business;
- by downloading documentation from our website;
- by subscribing to newsletters or other communications;
- by corresponding with us by phone, e-mail or otherwise using our contact details;
- by registering or participating in Nuix webcasts, webinars or seminars/conferences; or
- by submitting questions or comments to us or requesting any other information from us.
Typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any enquiries or complaints.
Personal data may also be required to enter into a contract with you or to perform a contract with you (such as to provide services at your request), and failure to provide any information may result in our inability to provide requested services or products.
Information From Other Sources
We may receive information about you if you use any of the other websites and portals we operate, any other services we provide, or from our business partners instructed to collect information on our behalf.
We also work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them as part of the service we provide you. These third parties include, but are not limited to: AdRoll, BrighTalk, DiscoverOrg, FSTech, Google Analytics, i4Business, IncNet, Integrate.com, KickBox, Lead Forensics, Marketo, Meltwater, SurveyMonkey, TechTarget, True Influence, Unbounce, VLG Marketing.
3.Use of Personal Data.
The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or contract.
All processing and use of your personal data is justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:
- the processing is necessary to perform a contract with you or take steps to enter into a contract at your request, such as to fulfil an order, or to provide product information you have requested;
- the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
- the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use supplier, customer and website user data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business; or
- you have consented to the processing.
We use the personal data we collect to conduct and develop our business with you and with others, as more fully described below:
- provide you with any services or products you have contracted for;
- administer and manage performance of purchase or sales agreements with our suppliers and customers;
- provide after-sales support;
- process, evaluate and complete certain transactions involving the website, and more generally transactions involving Nuix's products and services;
- operate, evaluate, maintain, improve and develop the website (including by monitoring and analysing trends, access to, and use of the website for advertising and marketing);
- evaluate, improve and develop our products and services generally;
- customize our website to users' needs;
- engage you about events, promotions, the website and Nuix's products and services;
- provide you with documentation or communications which you have requested;
- correspond with users to resolve their queries or complaints;
- send you marketing communications, where it is lawful for us to do so;
- protect and ensure safety of the website, Nuix confidential and proprietary information, and Nuix employees;
- manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
- share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets;
Nuix will not sell or rent your personal data to third parties.
4. Disclosure of Personal Data.
Nuix Group will share personal data with our affiliated companies for the purposes described above. We may also appoint third party service providers (who will operate under our instructions) to assist us in providing information, products or services to you, in conducting and managing our business, or in managing and improving our products, services or the website. Nuix may share your personal data with these affiliates and third parties to perform services that the third parties have been engaged by Nuix to perform on Nuix's behalf, subject to appropriate contractual restrictions and security measures, or if we believe it is reasonably necessary to prevent harm or loss, or if we believe that the disclosure will further an investigation of suspected or actual illegal activities.
We are also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal data that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If your personal data is transferred outside the EU to other Nuix affiliates or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements using the European Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU – US Privacy Shield. For transfers of personal data among Nuix affiliates we have put in place European Commission approved Standard Contractual Clauses. The list of all the countries to which your personal data is transferred is set forth here: United States, Australia, and the Philippines. Be advised that none of these countries have received a decision of the European Commission determining that its laws provide adequate protection to personal data. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU by contacting email@example.com.
Nuix reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.
5. EU-U.S. and Swiss-U.S. Privacy Shield
By decision of July 16, 2020, the Court of Justice of the European Union determined that the EU-U.S. Privacy Shield Framework does not provide adequate protection to personal data that is subject to GDPR. On September 8, 2020, the Swiss Federal Data Protection and Information Commissioner announced that it no longer considers that the Swiss-U.S. Privacy Shield is adequate to transfer personal data from Switzerland to the U.S. Nuix North America Inc. and Nuix USG Inc. (“Nuix U.S.”) continues to certify to the Privacy Shield Framework, but relies on other mechanisms described in this privacy notice to transfer personal data from the European Union, the United Kingdom and Switzerland to the U.S.
Nuix U.S. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework(s) (“Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union and the United Kingdom and Switzerland to the United States in reliance on the Privacy Shield. Nuix U.S. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this privacy notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
As described in the “Disclosure of Personal Data” section above, we transfer personal data from the European Union and the United Kingdom and Switzerland to our affiliates and other entities outside of those countries. We remain responsible for the personal data we receive and transfer onward under the Privacy Shield.
In compliance with the Privacy Shield Principles, Nuix U.S. commits to resolve complaints about your privacy and our collection or use of your personal data. Data subjects with inquiries or complaints regarding this privacy notice should first contact Nuix at: firstname.lastname@example.org.
Under certain conditions, more fully described on the Privacy Shield website here https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Nuix U.S. commits to cooperate with EU and UK data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU, the UK and Switzerland in the context of the employment relationship.
Nuix U.S. will renew its Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, Nuix U.S. will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of personal data is accurate and that the company has appropriately implemented these practices.
The website is not for use by children under the age of 16 years and Nuix does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the website to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify Nuix and Nuix will delete all such personal data.
7. Marketing emails.
Where lawful to do so, and subject to your consent where required, we may communicate with you by email to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the 'unsubscribe' link provided in our emails, or otherwise contact us directly and we will stop sending you communications.
Nuix aims to safeguard and protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and Nuix utilizes and maintains certain reasonable processes, systems, and technologies to do so. However, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by Nuix are subject to compromise. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our control.
9. Retention of Your Personal Data.
We apply a general rule of keeping personal data only for as long as required to fulfil the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us.
However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
10. External Links.
The website may contain links to third party sites. Since Nuix does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third-party sites. This notice applies solely to personal data collected by our websites or in the course of our business activities.
11. Your Rights.
Under applicable law, you may have the following rights:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you..
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
12. Dispute Resolution.
You may also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.
Further, in compliance with the Privacy Shield Principles, Nuix commits to promptly resolve complaints about privacy and our collection or use of personal data. Individuals with questions or concerns about the use of their personal data should contact us at: email@example.com and identify the company or other organization with whom they are affiliated or for whom their data was collected, if collection was for a Nuix customer.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
13. Changes to this Notice.
Any changes or updates we may make to this notice will be posted on this page. If we have your contact details on file we will endeavour to notify you in advance of any changes to this notice that are material or may impact you. For other changes, please check back frequently to see any updates or changes to this notice.