Effective as of May 24, 2018.
Percona LLC (hereinafter “Percona”, “we”, “us” or similar) is a company whose registered office is located at 318 Blackwell Street, Suite 150, Durham NC 27701 USA. We collect and process several categories of personal data from you as a user of the Percona Live website (hereinafter the “Website”) and conference attendee. Insofar as European Union data protection laws apply, we are a controller with regard to the data we process.
Please read this Privacy Notice carefully to understand how we handle your personal information.
We use a third party platform for the sale of tickets to our events. They collect personal data that you directly input into the sale forms, as well as in the page we set up as an event organizer. This personal data includes information such as: your first and last name, address, email address, food preferences, interests, published works, payment information, and work and organization information. This data, except for payment information, is collected for us and transferred to us, and we process it in the performance of a contract with you (the purchase of the ticket), as well as in our legitimate interest to manage our events and contact you via phone, email, social media, or communicate through the third party platform, as explained below.
In order to participate in our events, you will be issued a name tag identifying you, your company or organization affiliation (if any), and the level of access that your ticket grants you. You will be asked to wear or show this name tag upon entry to the various areas of our events and during our events, as it is in our legitimate interest to manage access to our events.
- Manage our events;
- Contact you with regard to the event you bought a ticket for, previously attended, and/or RSVP’d to;
- Contact you with regard to other events that we organize and think may be of interest to you, from which you can opt out at any time by using the unsubscribe link in the email, or by contacting us as indicated in section 8;
- Run statistics with regard to our event attendees;
- Improve our future events; and
- Continue the exchange of information with the OSS community and affiliated organizations.
We store the information above for the duration of our business relationship with you or your affiliated business, and 120 days thereafter.
Where we provide food, we may ask you about food allergies or other dietary restrictions, so we may adapt our menu accordingly. Providing this information is optional and we will only process it with your consent. However, if you fail to provide us with information regarding your food allergies or dietary restrictions, we cannot be held responsible for reactions that the food provided may elicit.
The information above is stored by us for a period of 120 days from the event.
We take pictures and record video footage of our events. Given that our events are generally held in public areas with controlled access, and that we do not intend to photograph you directly, but rather as part of a group (unless you are a speaker or a special guest), we do this based on our legitimate interest to document our events and market their success. However, we think you should be in control of how photos of you are handled; therefore, during the registration process, we will ask you if you agree to have photos and videos of you taken and shared publicly, on Percona’s websites as well as third party websites (e.g., social media platforms, event marketing, etc.) and will honor it to the most reasonable extent practicable. Note, however, that this will only be applicable where your coded name tag is visible in the photo or video.
The photos and videos are stored for the entire period Percona (or its legal successors) offers, markets or promotes Percona Live, or similar, events, including for historical purposes. Should you have any concerns regarding our publication of photos or videos in which you are recognizable, please contact email@example.com
If you are a speaker at an event, you will provide and we will process some or all of the following information: your first and last name, title, employer, employment history, education, biography, your presentation slides (if applicable) and any photos and videos you may share with us (such as a headshot). The presentation slides (if applicable) and photos and videos (both provided by you as well as any photos and videos taken at the event) may be made public through the channels we consider appropriate (for example, our website, third party websites and social media).
We do ask for your consent to take photos and videos of you and share them publicly; however, it is in our legitimate interest to publicize our events and, if you do not agree, we reserve the right not to appoint you as a speaker at the Percona Live, and similar, events.
This processing is made in our legitimate interest to promote our events and the data is stored by us for the duration of our business relationship.
Prior to, during and after our events we may contact you and ask you to participate in various surveys related to our events. In addition to the actual questions related to our event, we may ask you for information such as:
- Years of experience
- Role within your organization
- Types of databases or other systems that you work with
Participation in these surveys is optional. We use them in our legitimate interest to understand the audience at our events and to promote our future events based on audience. Occasionally, we may use the data to contact select respondents for possible future collaborations.
If you do participate in our surveys, we store your responses, including your personal data, for a period of no more than three years. Any statistically aggregated results which do not include personal data are kept indefinitely.
When you attend our events, you may receive a conference bag with various items, some provided by us and some provided by our event partners. This product placement is made without providing your personal data to our partners. If you are interested in any event partner products, please contact them directly. You will find them at the exhibit booths.
Your personal information may be shared with any company that is a member of our group, where we consider that it is in our legitimate interests to do so for internal administrative purposes (e.g. storage of data, CRM) or for auditing and monitoring of our internal processes.
We may also share your personal information with our group companies where they provide products and services to us, such as information technology systems. Currently, our group companies include: Percona LLC, Percona Ireland, Ltd. and Percona Staffing, LLC.
We will share the necessary parts of your personal data, on a need-to-know basis, with the following categories of third parties:
- Companies that provide products and services to us (processors), such as:
- Third parties involved in organizing our events, client support or sales activities;
- Website services: such as analytics and advertising;
- Third parties involved in operations of our Website;
- Information technology systems suppliers and support, including: email archiving, telecommunication suppliers, back-up and disaster recovery and cyber security services.
- Other parties, such as: public authorities and institutions, accountants, auditors, lawyers and other outside professional advisors, where their activity requires such knowledge or where we are required by applicable law to make such a disclosure.
We will also disclose your personal information to third parties:
- if you request or authorize us to do so;
- to persons demonstrating legal authority to act on your behalf;
- where it is in our legitimate interests to do so to run, grow and develop our business. More specifically, if Percona or substantially all of its assets are acquired by a third party, personal information held by Percona will automatically be one of the transferred assets;
- If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, any lawful request from government officials and as may be required to meet national security or law enforcement requirements or prevent illegal activity;
- to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity; or
- to protect the rights, property or safety of Percona, our staff, customers, suppliers, visitors or other persons.
We, as well as some of these recipients, may use your data in countries which are outside of the European Economic Area. Please see section 5 below for more detail on this aspect.
Except as expressly detailed above, we will never share, sell or rent any of your personal information to any third party without notifying you and, if required, obtaining your consent.
Based on jurisdiction, there may be certain access, erasure, and other rights which individuals may have to their personal information, including the right to manage our treatment of their personal information and the way in which it is processed.
California Civil Code Section § 1798.80 et al provides rights certain rights pertaining to the use and disclosure of Personal Information. For example, § 1798.83 permits users of our Percona Live websites that are California residents to request certain information regarding our disclosure of Personal Information to third parties for direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at: 318 Blackwell Street, Suite 150, Durham NC 27701.
For rights available to persons in the EEA, please refer to section 5 below.
This section 5 applies only to those who reside in the European Union or European Economic Area.
Since we are part of a group of companies that includes a company located in the USA, we may process your personal data outside of the European Economic Area. We do this in the performance of the contract you conclude with us by purchasing a ticket to our events.
Further details on the steps we take to protect your personal information in these cases is available at any time upon request by contacting us (see section 8).
As a data subject under EU data protection laws, you have specific legal rights relating to the personal data we collect from you. We will respect your individual rights and will deal with your concerns adequately.
- Right to withdraw consent: Where you have given consent for the processing of your personal data, you may withdraw your consent at any moment.
- Right to rectification: You may obtain from us rectification of personal data concerning you. We make reasonable efforts to keep personal data in our possession or control which are used on an ongoing basis, accurate, complete, current and relevant, based on the most recent information available to us.
- Right to restriction: You may require us to restrict the processing of your personal data, if:
- you contest the accuracy of your personal data, for the period we need to verify the accuracy;
- the processing is unlawful and you request the restriction of processing rather than erasure of your personal data;
- we no longer need your personal data, but you require it for the establishment, exercise or defense of legal claims; or
- you object to the processing while we verify whether our legitimate grounds override yours.
- Right to access: You may request information regarding personal data that we hold about you, including information as to which categories of personal data we have in our possession or control, what they are being used for, where we collected them (if not from you directly), and to whom they have been disclosed, if applicable.
We will provide you with a copy of your personal data upon request. If you request further copies of your personal data, then we can charge you with a reasonable fee that we base on administrative costs.
If we transfer your personal data to a country outside the EU and EEA, you have the right to request information about the safeguards in place for our transfer of that data to the receiving country.
- Right to portability: You have the right to receive personal data that you have provided to us, and, where technically feasible, request that we transmit such personal data to another organization.
You have these two rights if:
- we process your personal data by automated means;
- we base the processing of your personal data on your consent, or our processing of your personal data is necessary for the execution or performance of a contract to which you are a party;
- you provided your personal data to us; and
- the transmission of your personal data does not adversely affect the rights and the freedoms of other persons.
You have the right to receive your personal data in a structured, commonly used and machine-readable format.
Your right to receive your personal data must not adversely affect the rights and the freedoms of other persons. This may be the case if a transmission of your personal data to another organization also involves the transmission of the personal data of other (non-consenting) individuals.
Your right to have your personal data transmitted from us to another organization is a right you have only if such transmission is technically feasible.
- Right to erasure: You have the right to request that we delete the personal data we process about you. We must comply with this request if we process your personal data, unless the data is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation that binds us;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or
- for the establishment, exercise or defense of legal claims.
- Right to object: You may object – at any time – to the processing of your personal data due to your particular situation, provided that the processing is not based on your consent, but on our legitimate interests or those of a third party. In this event, we shall no longer process your personal data, unless we can demonstrate compelling legitimate grounds and an overriding interest for the processing or for the establishment, exercise or defense of legal claims. If you object to the processing, please specify whether you also wish the erasure of your personal data; otherwise, we will only restrict it. You may always object to the processing of your personal data for direct marketing purposes, even if it was based on our legitimate interest for any reason. If the marketing was based on your consent, you can withdraw consent.
- Right to lodge a complaint: You can lodge a complaint to the data protection authority in your Member State or to the data protection authority in the Republic of Ireland.
- Time period: We will try to fulfil your request within 30 days, which may be extended due to specific reasons relating to the specific legal right or the complexity of your request. In all cases, if this period is extended, we will inform you about the cause and anticipated length of the extension.
- Restriction of access: In certain situations, we may not be able to give you access to all or some of your personal data due to statutory provisions. If we deny your request for access, we will advise you of the reason for the refusal.
- No identification: In some cases, we may not be able to look up your personal data due to the choice of identifiers provided in your request. In such cases, where we cannot identify you as a data subject, we will not be able to comply with your request to execute your legal rights as described in this section, unless you provide additional information enabling your identification. We will inform you and give you the opportunity to provide such additional details.
- Exercise your legal rights: In order to exercise your legal rights, please contact us in writing (including electronically) at the contact details provided in section 8 below.
We are committed to protecting personal information from loss, misuse, disclosure, alteration, unavailability, unauthorized access and destruction and take all reasonable precautions to safeguard the confidentiality of personal information, including through use of appropriate organizational and technical measures. Organizational measures include physical access controls to our premises, staff training and locking physical files in filing cabinets. Technical measures include use of encryption, passwords for access to our systems and use of anti-virus software.
In the course of provision of your personal data to us, your personal information may be transferred over the internet. Although we make every effort to protect the personal information which you provide to us, the transmission of information between you and us over the internet is not completely secure. As such, we cannot guarantee the security of your personal information transmitted to us over the internet and any such transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorized access to it.
Please direct your questions regarding the subject matter of data protection and any requests in the exercise of your legal rights to the following:
Percona LLC: 318 Blackwell Street, Suite 150, Durham NC 27701.
We will investigate and attempt to resolve any request or complaint regarding the use or disclosure of your personal information.
If you are not satisfied with our reply and you are from the European Union, you may also make a complaint to the data protection authority, as indicated in section 5.2(h) above.