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New Relic, Inc.

General Data Privacy Notice

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Last updated August 17, 2020*

At New Relic we take your privacy and the security of your information seriously. This New Relic General Data Privacy Notice (“General Privacy Notice”) explains who we are, how we collect, share and use personal data about you, and how you can exercise your privacy rights. We are committed to protecting your information and being transparent about the information we collect about you and how we use it. By being transparent, we hope to build on the trust you already have in us.  We want you to understand what we do with your information, why we do it and what it means to you. We recommend that you read this General Privacy Notice in full to ensure you are fully informed.

For purposes of this General Privacy Notice, “Personal Data” means any information relating to an identified or identifiable individual, including, for example, your name, phone number, post code or zip code, Device ID, IP address and email address.  Further information about the Personal Data that we collect and where we collect that Personal Data from is set out below under the various categories.

This General Privacy Notice applies to the processing of Personal Data collected by New Relic or provided to New Relic from the following:

●  Visitors and users of our websites that display or link to this General Privacy Notice, such as www.newrelic.com, status.newrelic.com, learn.newrelic.com, discuss.newrelic.com, www.newrelic.jp, www.newrelic.de, www.newrelic.org, and any related New Relic website operated by New Relic (together the “Sites”);

●  Visitors and users of our branded social media pages;

●  Visitors of our offices;

●  Customers and prospective customers and their representatives;

●  Attendees and participants of events (such as FutureStack), webinars or contests;

●  Participants in New Relic community and open source development;

●  Participants in research studies; or

●  Suppliers and business partners and their representatives.

For Personal Data that we collect:

●  when you use or interact with the New Relic product services (together, the “Services”), please see our Services Privacy Notice

●  when you apply for a position with New Relic through our Sites or otherwise, please see our Applicant Privacy Policy

When interacting with our Sites, you also have the ability to link or connect with non-New Relic websites, services, social networks, applications or other features. Enabling these features will lead to other parties, rather than New Relic, processing information about you. New Relic does not review, cannot be responsible for, nor has any control over these features of other parties. We encourage you to carefully review the privacy notices of these parties before using these features.

If you have any questions about this General Privacy Notice please please see Section 15 (How to Contact Us).

1. Who We Are

New Relic, Inc. is a Delaware corporation headquartered at 188 Spear Street, Suite 1200, San Francisco, CA 94105. New Relic, Inc. has offices, subsidiaries and affiliated companies (“New Relic Group”) all around the world (New Relic, Inc. and the New Relic Group are together referred to as “New Relic”, unless specifically stated otherwise). 

Throughout this General Privacy Notice ‘we’, ‘us’, ‘our’ and ‘ours’ refer to New Relic.

For more information about New Relic, please see the “About Us” section of our Sites.

2. The Information We Collect About You

New Relic collects Personal Data about you both offline and online. Offline information about you originates from our interactions with you, for example, during in-person meetings or at New Relic events, conferences, or workshops. Online Information originates from your activities on our Sites and third party sources, such as data aggregators who may not have a relationship with you.

The offline and online information we collect falls into various categories:

a.    Personal Data We Collect Directly From You

The Personal Data that we collect directly from you includes the following:

i. Contact information: If you express an interest in obtaining additional information about our Services; request customer support; use our "Contact Us" or similar features; register to use our Sites, sign up for an event, webinar or contest; or download certain content, such as whitepapers from our Sites or third-party sites, we may collect your contact information, such as your name, job title, company name, address, phone number, email address or username and password;

ii. Financial and billing information: If you make purchases via our Sites or register for an event or webinar, we may collect financial and billing information, such as billing name and address, credit card number or bank account information.

iii. Event visitor information: If you attend an event, we may collect visitor information, such as your name, title, company name, address, country, phone number and email address, which we may then use to contact you;

iv. Community profile information: If you register for an online community that we host, we may ask you to provide, and we may collect, a username, photo and/or biographical information, such as your occupation, social media profiles, profile on Stack Overflow, Github ID, company name and areas of expertise;

v. Office visitor information: If you visit our offices, you may be required to register as a visitor, and we may collect your name, email address, phone number, photograph, company name, and time and date of arrival; or

vi. Pictures, videos or audio recordings: We may collect such information in a variety of contexts. For example, if you attend a New Relic event, your image may be captured in a photo or video. If you participate in a New Relic research study your research session may be recorded with your consent.

Other individuals' information: If you provide to us or to our service providers any Personal Data relating to other individuals (such as references for job candidates or beneficiaries), you represent that you have the authority to do so and permit us to use the Personal Data in accordance with this General Privacy Notice. If you believe that your Personal Data has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Data, please see Section 15 (How to Contact Us).

b. Personal Data We Collect Automatically

Device and geographic information: When you visit our Sites, we may collect certain information automatically from your device such as your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location), user ID, and other technical information.  We may also collect information about how your device has interacted with our Sites, including the pages accessed and links clicked.

Some of this information may be collected using cookies and similar tracking technology, as explained further in the New Relic Cookie Policy.

c. Personal Data We Collect From Third Parties

We may collect the following types of Personal Data about you from third parties that supply us with Personal Data in order to help us establish an account, target our marketing, or fulfill orders in partnership with our resellers.

Our third party company relationships help us to update, expand, and analyze our Personal Data records, identify new customers, optimize our Sites and Services, create more tailored advertising to provide services that may be of interest to you, and manage open source projects.

Personal Data that we collect from third party sources include:

Third party source

Example Categories of Personal Data and Purposes

Third party providers of business contact information

Mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering relevant email content, event promotion and profiling.

Third party resellers, referral and joint-marketing partners, distributors, managed service providers, IAAS or PAAS partners, cloud providers, and other technical alliances

Business contact information, including mailing addresses, job titles, email addresses, phone numbers, and details about the potential customers’ software environment to tailor the purchase of Services.

Third party vendors

User account information to provide services to New Relic, such as survey tools, payment processing services, or the certificate creation tool for New Relic University.

Third-party code-repository platform, such as GitHub

User account information to manage code check-ins and pull requests.

Companies that host an event or sponsor an event

Business contact information, including mailing addresses, job titles, email addresses, and phone numbers.

We have checked that these third parties have an appropriate legal basis to provide us this Personal Data, such as your consent, a legitimate business interest, or are otherwise legally permitted or required to disclose your Personal Data. 

3. How We Use Your Personal Data

In general, Personal Data we collect from you is used either to respond to requests that you make, or to aid us in serving you better. Additionally, collecting this information enables us to better understand the visitors who come to our Sites, where they come from, and what content on our Sites is of interest to them. New Relic also uses your Personal Data that we collect for the following business and commercial purposes:

●  to deliver functionality on our Sites and for their technical and functional administration;

●  to provide our Services and perform our contract with you as our customer;

●  to manage the security of our Sites, physical locations, networks, and systems;

●  to communicate and respond to your requests and inquiries to New Relic;

●  to market our Services or related products and services to new and existing customers;

●  to tailor our marketing and sales activities to your company’s interests and in accordance with your communication preferences;

●  to link or combine information about you with other Personal Data we get from third parties, to help understand your needs and provide you with better and more personalized service;

●  to engage in transactions with customers, suppliers and business partners and to process orders for New Relic Services;

●  to operate, analyze, develop, improve and optimize the use, function and performance of our Sites, Services, and systems;

●  to conduct research you agree to participate in, through meetings, surveys, or other tools;

●  to manage code check-ins and pull requests for open source and community development projects; and

●  to comply with applicable laws and regulations and to operate our business.

We may create anonymous data records from Personal Data in accordance with applicable law. 

4. How We Share Your Personal Data

We may disclose your Personal Data to the following categories of recipients for our business purposes:

●  to third-party service providers that support our business and operations; 

●  to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;

●  to an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your Personal Data only for the purposes disclosed in this General Privacy Notice; and

●  to any other person with your consent to the disclosure or as allowed by applicable data protection law.

5. Legal Basis for Processing Your Personal Data

When we use your Personal Data, we take care to ensure that it is used in an appropriate way. Use of Personal Data under European data protection law must be based on one of a number of legal grounds as set out below. We will use your Personal Data and share that Personal Data where:

●  Its use is necessary for a contract you have entered into or because you have asked for something to be done so you can enter into a contract with us.

●  Its use is necessary because of a legal obligation that applies to us (except an obligation imposed by a contract). This may include responding to subpoenas, warrants or other requests served on New Relic anywhere in the world or to protect or defend the rights or property of New Relic or its users.

●  You have consented to its use in a specific way. For example where you have consented to receiving marketing materials. You may withdraw your consent at any time as further described in Section 8 (Your Choices and Data Protection Rights).

●  Its use is in accordance with our legitimate interests e.g. to manage our business, subject to those interests not overriding your fundamental rights and freedoms. This may include monitoring and administering our Sites, communicating with you in connection with our Services, research and development purposes, participating in partnership agreements or for the purposes of detecting and preventing illegal activities. We may also need to transfer some or all of your Personal Data to a third party or their advisors in connection with a sale, merger or reorganisation of our business. We will do this on the basis of our legitimate interests as part of any due diligence process for the purpose of analysing the proposed sale or reorganisation or after the sale or reorganisation for the same purposes as set out in this notice.

If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). 

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please see Section 15 (How to Contact Us).

6. How Long We Hold Personal Data

We retain Personal Data we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). This may also include situations where litigation is pending or ongoing and such information is subject to a legal hold.

When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymise it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

If you have questions about or need further information concerning the retention of your Personal Data, please see Section 15 (How to Contact Us).

7. International Data Transfers

Your Personal Data may be transferred to, and processed in, countries other than the country in which you are located. These countries may have data protection laws that are different to the laws of your country.

Specifically, if you are located in the EEA, you should note that your Personal Data will be accessed by New Relic staff or suppliers, transferred, and/or stored outside the EEA, including to the U.S. and other countries which have different data protection laws.

However, we have taken appropriate safeguards to require that your Personal Data will remain protected in accordance with this General Privacy Notice and as required by applicable data protection law, including (i) putting in place an adequate method of transfer, such as the European Commission’s Standard Contractual Clauses, for transfers of Personal Data (further details of which can be provided upon request), and (ii) remaining a participant in, and complying with, the EU-US and Swiss-US Privacy Shield Frameworks as required by the US Department of Commerce. Please click here to read our Privacy Shield Notice.  

8. Your Choices and Data Protection Rights

Collecting and handling Personal Data comes with significant rights on your part and significant obligations on ours.

a. Your Marketing Choices

We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you newsletters and emails that directly promote the use of our Sites or the purchase of our Services, in accordance with your marketing preferences.

When you receive newsletters or promotional communications from us, you have the opportunity to “opt-out” from receiving further marketing communications from us by either (i) adjusting your e-mail preferences provided here, (ii) following the unsubscribe instructions provided in the email you receive, or (iii) by sending an email to PersonalDataRequests@NewRelic.com.

Should you decide to opt-out of receiving future mailings, we will retain a record of your preference (including retaining your email address) and we may share your email address with third parties solely for the purpose of ensuring that you do not receive further marketing communications related to our Services from third parties.

Your email preferences only affect marketing communications.  New Relic retains the rights, as well as the obligation in some circumstances, to send you notices of any updates to our Terms of Service, Services Privacy Notice, or General Privacy Notice, as well as necessary transactional communications.

b. Your Data Protection Rights

Data protection rights that apply to all individuals:

  • You may correct, update or amend any of your Personal Data contained in your account by editing your profile within the registration portion of our Sites or by sending an e-mail to PersonalDataRequests@NewRelic.com.

  • You may also request deletion of your account information by sending an email to PersonalDataRequests@NewRelic.com. However, please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).

  • You can request to have us remove your Personal Data from a Site testimonial or remove your Personal Data from our blog by sending an email to PersonalDataRequests@NewRelic.com. 

We will endeavor to respond without delay. We will otherwise retain your information for as long as your account is active or as needed to provide you Services as well as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In some cases, we may not be able to remove your Personal Data, in which case we will let you know if we are unable to do so and why.

c. Data Protection Rights for EEA Persons

If you are a person located in the EEA, you have the following data protection rights under EU data protection laws:

  • You have the right to find out if we use your Personal Data, or to access, correct, update or request deletion of your Personal Data

  • You can object to processing of your Personal Data when that processing is based on our legitimate business interests, ask us to restrict processing of your Personal Data or request portability of your Personal Data.

  • Similarly, if we have collected and processed your Personal Data on the basis of 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 Data 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 Data.  For more information, please contact your local data protection authority.

If you are an EEA person and would like to make any of these requests, please submit your request to PersonalDataRequests@NewRelic.com

d. Data Protection Rights for California Residents

New Relic complies with the applicable provisions of the California Consumer Privacy Act. If you are a California resident you have the following data protection rights:

  • You can request that we disclose to you certain Personal Data we collect, use, and disclose for a business purpose and sell about you.

  • You have the right to request the deletion of certain Personal Data we collect from you.

  • You can obtain from us once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year.  If applicable, this information would include a list of the categories of Personal Data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year.

  • You have the right to opt-out of the sale of your personal information.

  • You have certain rights not to be discriminated against based on exercising your data protection rights, and we do not discriminate against any individual for doing so.

If you are a California resident and would like to make any of these requests, please submit your request to PersonalDataRequests@NewRelic.com. You may use an authorized agent to submit a consumer rights request on your behalf using the method above, however New Relic will require the authorized agent to provide signed permission to submit the request on your behalf and may still contact you to confirm your identity and that this request was submitted with your permission.

Personal Information Collection and Sharing: New Relic does not sell personal information as we understand sale to be defined by the CCPA and its implementing regulations.

The categories of personal information we disclose to the third parties and categories of to whom we share that personal information for a business purpose are as follows:

Categories of Personal Information Disclosed

Categories of Third Parties to Whom We Share Information for Business Purposes

Direct identifiers (such as name, address, telephone numbers, and email address)

New Relic’s affiliates, vendors, service providers, third party business partners (as identified below), and event sponsors

Commercial Information (such as transaction and operational data)

New Relic’s affiliates, vendors, service providers, and third party business partners (as identified below)

Internet or Other Network or Device Activity (such as browsing history or app usage)

New Relic’s affiliates, vendors and service providers

Approximate Location Information (such as location inferred from your IP address, city, country)

New Relic’s affiliates, vendors and service providers

Visual information (such as security video recordings)

New Relic’s service providers

Professional business information (such as the name of your employer and job title)

New Relic’s affiliates, vendors, service providers, and third party business partners (as identified below)

Education information (such as any New Relic certifications)

New Relic’s affiliates, vendors, and service providers

We refer to third party business partners, such as resellers and/or distributors, as those companies that are involved in marketing, selling, and providing services to prospects or customers, to fulfill product and information requests and to provide prospects or customers with information about New Relic’s products and services. We may engage in joint sales or product promotions with select business partners. If you purchase or specifically express an interest in a jointly-offered product, promotion or service, we may share relevant personal information with those partner(s).

If you attend a New Relic event, you may direct New Relic to disclose your personal information to event sponsors on your behalf. You understand that your information, disclosed by New Relic on your behalf to event sponsors, will be handled in accordance with the event sponsors’ privacy policy published on their respective websites.

We respond to all requests without delay and in accordance with applicable data protection laws.  All requests must be received via email from the address of the individual to whom the request relates, or be validated through this address. We may need to ask you additional clarifying questions in order to accurately respond to your request and to verify you are making the request in respect of your own Personal Data.

9. Do Not Track

Currently, various browsers - including Internet Explorer, Firefox, and Safari - offer a “do not track” or “DNT” option that relies on technology known as a DNT header, which sends a signal to the websites visited by the user about the user’s browsers DNT preference setting.  New Relic does not currently commit to responding to browser’s DNT preference across its Sites and Services, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent.  New Relic takes privacy and choices regarding privacy seriously and will make efforts to continue to monitor the development around DNT browser technology and the implementation of a standard for DNT.

10. Advertising

We may partner with third party ad networks to either display advertising on our Sites or to manage our advertising on other sites.  Our ad network partner may use cookies and web beacons to collect non-personally identifiable information about your activities on our Sites to provide you targeted advertising based upon your interests. To learn more about targeted advertising and advertising networks and about your ability to opt out of collection by certain third parties, please visit the opt-out pages of the Network Advertising Initiative, here, and the Digital Advertising Alliance, here. In addition, if you wish to opt-out of interest-based advertising click here (or, if located in the European Union, click here).

Please note this does not opt you out of being served advertising.  You will continue to receive generic ads.

11. Third Party Websites and Social Media Widgets

This General Privacy Notice applies to the use and disclosure of Personal Data that we collect as described herein.

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents.  When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect Personal Data from you.

We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this General Privacy Notice do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party. We encourage you to carefully read the privacy statement of any website you visit.

Our Sites also include social media features, such as the Facebook Like button and widgets, such as the “Share this” button or interactive mini-programs that run on our site.  These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Sites.  Your interactions with these features are also governed by the privacy policy of the company providing it.

12. Security of Your Personal Data

New Relic is committed to protecting the security of your Personal Data.  We use appropriate technical and organisational measures to protect your Personal Data from unauthorized access, use, or disclosure. For instance, when you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).  All account accesses require users to provide their username and password. It is the responsibility of each user to maintain this information in a secure manner. Despite these measures, you should know that New Relic cannot fully eliminate security risks associated with Personal Data and mistakes and security breaches may happen.  If you have any questions about security on our Sites, you can contact us as described in Section 15 (How to Contact Us).

13. Children

Our Sites are not directed to children and we do not intentionally gather Personal Data about visitors who are under the age of 16. If you learn that anyone younger than 16 has provided us with Personal Data, please contact us as described in Section 15 (How to Contact Us), and we will take steps to delete such information.

14. Changes to this General Privacy Notice

This General Privacy Notice is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Data, we will take appropriate measures to inform you, consistent with the significance of the changes we make.  We will obtain your consent to any material changes in the way we use your Personal Data and in accordance with applicable data protection laws. You can see when this General Privacy Notice was last updated by checking the “last updated” date displayed at the top of this General Privacy Notice.

This Privacy Notice is effective as of the date set out at the top of this Privacy Notice.  It describes the categories of personal information that we have collected, disclosed for a business or commercial purpose and sold over the preceding twelve (12) months.

15. How to Contact Us

If you have questions about how your Personal Data is collected, stored, shared or used, or if you wish to exercise any of your data rights, or if you have a disability and need to access this notice in an alternative format, please contact our Data Protection Officer at:

By email: privacy@newrelic.com

By mail: Attn: Legal Data Subject Request

New Relic, Inc.

188 Spear Street

Suite 1000

San Francisco, CA 94105

For any complaints regarding our compliance with our privacy and security practices, please contact New Relic first. New Relic will investigate and attempt to resolve any complaints and disputes regarding our privacy practices.

The data controller of your Personal Data for all countries that New Relic does business is New Relic, Inc., unless you have contracted directly with New Relic, K.K. in Japan, in which case New Relic, K.K. is the data controller.

*Updated on August 17, 2020 to incorporate the additional requirements from the California Consumer Privacy Act Regulations.

 

Prior Versions

January 1, 2020