This Privacy Policy sets out how the Wireshark Foundation and SharkFest (collectively “Wireshark Foundation”, “we”, “us” or “our”) may collect and use information from individuals (collectively “you”) in connection with your use of the Wireshark Foundation platforms, websites, and any Wireshark products or services that reference or otherwise incorporate this Privacy Policy (collectively “the Services”).

From time to time we may update this Privacy Policy as we adopt new privacy practices. If we make any material changes to this Privacy Policy, we will provide a notice on each of the impacted Services as well as update the “Last Updated” date shown below. From time to time , we may also provide you with a notice of additional practices concerning how we use your information in connection with a particular Service or activity.

Please note that this Privacy Policy does not apply in the following circumstances:

Third-Party Sites: The Services may include links or references to websites, services or materials that are not controlled by us. This Privacy Policy does not apply to such third-party sites, which are subject to their own privacy notices.

Existing Customers and Users: In some cases, we may access or use your information on behalf of your organization who is our customer. In such cases, we will treat your information as prescribed in the respective agreements between us and your organization, rather than as described in this Privacy Policy. Please reach out to your organization for more information or if you would like to exercise any of your data subject rights in connection with our use of your information.

1. INFORMATION WE COLLECT ABOUT YOU.

We will only collect your personal data (“information”) about you in accordance with applicable law. The information we collect depends on the context of your interactions with us and the choices you make, including your own privacy settings and the specific Services you use. Depending on your particular use, we may collect the following categories of information about you:

• personal identifiers (such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name or other similar identifiers);
• commercial information (such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
• internet or other electronic network activity information (e.g., browsing history, search history, operating system details, URI (Uniform Resource Identifier) addresses, the method utilized to submit the request to the server, the country of origin of the request, and information regarding a consumer’s interaction with an internet website, application, or advertisement (such as time spent on a particular page, details about the path followed within a Service);
• any other information that you communicate to us directly during your communications with us; and
• inferences drawn from the foregoing.

2. SOURCES OF INFORMATION.

We may collect your information both online (for example, through your use of our websites and products) and offline (for example at events or over the phone) and we may combine information collected from disparate sources.

Most of the information we collect or maintain about you is provided directly by you to us. If you choose to provide us with information about another person, you shall ensure that you have obtained the consent of that person to share their information with us.

For example, we receive and store information you voluntarily enter on our Services or otherwise provide to us (e.g., when you register for and use the Services, when you make payments to us, or submit requests for support to us or when you have a direct communication with us). Such information typically includes personal identifiers, commercial information, protected classification information and professional or educational information. If you do not want to provide us with your information you may decide at any time not to visit our sites, install our apps, or provide information to us directly. However, if you choose not to provide us with certain information, we may not be able to provide certain Services to you.

3. HOW WE USE YOUR INFORMATION.

At all times in accordance with, and solely where permitted by applicable law, we use the information that we collect from you for such purposes as:

• communicating with you,
• facilitating and responding to your requests,
• operating, improving, and developing our Services,
• processing your transactions,
• customizing your experience,
• providing you with quality assurance and support for our Services,
• ensuring our own compliance with legal obligations;
• preventing or investigating fraudulent or inappropriate uses of our Services, and
• marketing and analytics purposes, including remarketing and behavioral targeting in some instances and as otherwise permitted by applicable law.

We may also use your information as otherwise disclosed to you at the point of the collection of your information. We may also make full use of data that is aggregated, anonymized or not otherwise in a personally identifiable form.

Marketing opt-outs. Where permitted by applicable law, and with your prior consent where required by applicable law, we may use your information for marketing and to provide you with promotional communications about our products and services, such as notifying you of future SharkFest conferences. You can unsubscribe from further marketing at any time by selecting the “unsubscribe” link at the end of the various marketing and promotional communications we send you. Please keep in mind that even if you unsubscribe from our marketing communications, we may still contact you for other legitimate reasons (e.g. in relation to an an inquiry you made, a membership you undertook, an event for which you registered, a legally required notice, etc.).

4. SHARING YOUR INFORMATION WITH OTHERS.

We will never share your information with third-parties.

5. INTERNATIONAL TRANSFER OF YOUR INFORMATION.

We may process your information in the United States, the European Union, the United Kingdom, India, Serbia,  Japan or any other regions in which we have a presence or data processing facilities. Similarly, we may transfer information from the country in which you are located to the United States, the European Union, the United Kingdom, India, Serbia, Japan or any other regions  in which we have a presence or data processing facilities. We will comply with all applicable laws relating to the processing and transfer of your information. Where applicable law requires consent for such international processing or transfer, we will seek consent from you independent of this Privacy Policy.

You may be entitled by applicable privacy laws to request more information about the details of international transfers of your information and the security measures taken by us in connection with that transfer. To obtain more information about exercising your rights, please contact us at: [email protected]. 

6. USERS IN SWITZERLAND OR THE EUROPEAN ECONOMIC EEA.

If you are in Switzerland or the European Economic Area (EEA), you may have the right to request access to your personal data; request correction of the personal data; request erasure of your personal data; object to processing of your personal data; request the restriction of processing of your personal data or request the transfer of your personal data to another party.

Additionally, you may have the right to file a complaint with your applicable supervisory authority. We may need to request specific information from you to help us confirm your identity and applicable rights. We may, in limited circumstances, refuse to comply with your request or charge you a reasonable fee if your request is clearly unfounded or excessive. In all cases, we will notify you of any fee in advance. Alternatively, we may refuse to comply with the request in such circumstances. To obtain more information about exercising your rights, please contact us at: [email protected].  

Where we are acting as a data controller under applicable privacy laws, we process your personal data only (i) where the processing is in our legitimate interests (which are not overridden by your data protection interests or fundamental rights and freedoms); (ii) in connection with the creation (at your request) or performance of a contract with you;  (iii) where such processing is necessary for our compliance with a legal obligation to which we are subject; or (iv) where we have collected your consent to do so.

For the sake of clarity, where we are using your information based on the legal basis of consent, we will seek consent from you independent of this Privacy Policy. You can withdraw such consent at any time by contacting us at: [email protected].

Where your information originates in the EEA or Switzerland and is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

7. CALIFORNIA RESIDENTS.

If you are a California consumer, you may have additional rights under the California Consumer Privacy Act of 2018 (“CCPA”) regarding how we use and share your information, including:

• The right to access your information;
• The right to request further details about how we collect, use, disclose or sell your information;
• The right to request that we delete your information that we collected from you;
• The right to opt-out of the sale of your information, if applicable; and
• The right not to receive discriminatory treatment from us based on your exercising of any other consumer rights under the CCPA.

To make a consumer rights request or to obtain more information about exercising your rights, including how to designate an authorized agent to make a consumer request for you, please contact us at: [email protected]. Please be advised that upon the receipt of your request, we may ask you to provide additional information so that we can verify your identity and process your request.

For the purposes of the CCPA, we do not sell your personal information, except where you explicitly consent to such sale, in which case we will present you with further information about how your information may be sold and your ability to opt-out of such sale at the time of collection.

8. SECURITY AND DATA RETENTION.

We follow generally accepted industry standards to protect information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, whether in transmission or storage.

Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure.

We will retain your information in accordance with applicable law and, unless otherwise provided by applicable law, for no longer than necessary for the purposes for which your information was processed by us. Where there are technical limitations that prevent deletion or anonymization, we will safeguard and limit the use of information as required by applicable law.

9. CHILDREN.

The Services are not intended for or directed to children and we do not knowingly collect any information from children under 13 years of age through the Services. If we learn that we have collected information from children under 13, we will promptly take steps to delete such information.

10. WIRESHARK FOUNDATION, SHARKFEST, PRIMARY BUSINESS ADDRESS.

This Privacy Policy applies to the Wireshark Foundation and SharkFest.

If you have questions or concerns related to this Privacy Policy, you may contact us at: [email protected], or at our primary place of business at:

1520 East Covell Boulevard Suite B5 # 333
Davis, CA 95616

Last Updated

2023-01-25

Moved from sharkfest.wireshark.org/privacy-policy/ to here. Fixed an email address.