Legal notice

Conditions of use of the website, general terms and conditions and privacy policy of Panda Security S.L.

1. PREAMBLE

Panda Security, S.L.U., in compliance with the provisions of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter LISSEC), hereby notifies the User, prior to the rendering of services, of the procedures and obligations required for the execution of this agreement:

a. The User undertakes to read the contents of these General Terms and Conditions and Privacy Policy (hereinafter the Conditions) carefully.

b. The User undertakes to enter the personal details and any additional information required for the service to be provided.

Panda Security, S.L.U. guarantees, by means of the contents of the Conditions, to comply fully with applicable consumer protection legislation in order to protect the legitimate interests of users throughout the entire process of contracting the products, services, content and/or tools offered via the website.

2. THE PARTIES TO THE AGREEMENT

The present Conditions are subscribed by:

Panda Security, S.L.U, (hereinafter Panda Security), with registered offices at Santiago de Compostela, 12, 1ª, 48003 Bilbao (Spain), for notification purposes, with VAT number B- 48435218, registered in the Mercantile Register of Bilbao, Tome BI-59, Book 134, Sheet BI-767-B, 1st inscription.

and

The User, being the person that uses the website and/or the products, services, content and/or tools and who has entered his or her details in the form provided by Panda in order to access any of the products, services, contents and/or tools offered via the website owned by Panda. The User is solely and exclusively responsible for the authenticity of the data entered.

3. SCOPE AND PURPOSE

The present Conditions applying to the offer of services, as well as any other terms and conditions which may be applied, have the purpose of regulating the purchase and acquisition of the products, services, contents and tools provided by Panda to the User via its website and constitute the legal framework within which the contractual relationship is established, whether via financial transaction or the free provision of goods or services (in accordance with the specific license agreements corresponding to the products, services, contents and/or tools).

The products, services content and or tools subject to this agreement will be those made available to users at the following website belonging to Panda: https://www.pandasecurity.com

All of the products, services, contents and/or tools will be subject, where applicable, to specific contractual conditions which will be available on the website. Similarly, the products, services, contents and/or tools which so require, will be subject to the terms and conditions of their respective end user license agreements.

These conditions and user license agreements are available for consultation, printing and saving by the User prior to executing the agreement.

4. ACCEPTANCE AND AVAILABILTY OF THE CONDITIONS OF USE OF THE WEBSITE

The present Conditions, along with any specific conditions that could apply, regulate the contractual relationships entered into by the User via the Panda website. The User expressly accepts to abide, without reservation, by the version of these provisions published by Panda at the moment in which the product, service, contents or tools are contracted. The User therefore undertakes to read the contractual conditions each and every time he or she contracts a product or service, as said conditions may have changed since they were last accessed.

The present Conditions are not exhaustive and other conditions specific to certain products, services, contents or tools available on the website may exist and will be available to the User where applicable.

By accepting the present Conditions the User declares:

a. That he or she is legally entitled to execute agreements.

b. That he or she has read and accepts the present Conditions.

The User will always have access to all contractual terms and conditions applying to the products, services, tools and content available on the website prior to the execution of the agreement. The User may contact Panda by e-mail at: panda.legal_affairs@watchguard.com with any questions relating to the present Conditions.

5. MODIFICATION TO THE CONDITIONS FOR CONTRACTING AND USING THE WEBSITE.

Panda may, with due cause or reason, modify the present provisions. Due cause or reason is understood to be when such modifications are as a result of the:

a. Increase to the range of products and services available to the User or improvements to existing products and services.

b. Adaptation to technological advances of the products and services subject to the present conditions.

c. Modification, substitution or update of the prices of the products and services offered via the website.

6. CONDITIONS FOR ACCESSING THE WEBSITE AND USING THE PRODUCTS AND SERVICES

Access to the Panda website is free of charge, without prejudice to any specific pricing conditions that may apply to the acquisition of certain products or services or the use of certain content or tools.

The User undertakes and guarantees to use the website in accordance with applicable legislation, the Conditions established in the present agreement and respecting accepted moral standards.

To this end, the User undertakes to:

a. Not use the services, products, content and/or tools that Panda has made available, for illegal purposes or purposes expressly prohibited by these provisions or the effects of which may infringe upon the rights or interests of Panda or third-parties.

b. Abstain from any activity that could damage, overload, harm or impede the normal functioning of Panda's website. Similarly, and in accordance with applicable legislation, the User undertakes to refrain from illicitly or fraudulently obtaining site contents or stealing or plagiarising said contents.

c. Not to use the products, services, contents or tools for illicit purposes, or for any end which could be prejudicial to Panda. The User shall not modify, copy, distribute, publish, grant or sell any information or image in any way related to the products, services, contents or tools offered by Panda through its website content.

The User shall hold Panda harmless in the event of damages caused to third-parties as a result of the User's rightful or wrongful use of the products, services, contents or tools available on the website.

To this end, the User accepts sole and exclusive for any liability that may arise from the circumstance described in the previous paragraph. Similarly, the User will meet legal costs and compensation that could arise from legal proceedings resulting from the User's failure to comply with that established in the preceding clauses or in any other applicable legislation.

Panda, in order to guarantee the rights established in these Conditions and fulfilment of applicable legislation, may:

a. Appoint administrators to supervise the service, respecting, in all circumstances, the User's right to privacy.

b. Temporarily interrupt website services without prior warning and at any time for technical or legal reasons.

c. Modify the conditions governing the offer of products, services, content or tools for technical or legal reasons.

d. Modify the content of products, services, content or tools on the website without prior notice, should it see fit for business reasons. It also reserves the right to refuse access, without prior notice, to the products, services, content or tools to any User who contravenes the present Conditions.

e. Remove or replace any information that may be illegal or simply offensive from the products, services, contents or tools offered via the website.

f. Report to the competent institutions any suspected illicit conduct, activity or data of which Panda is aware.

7. THE PARTIES' OBLIGATIONS

a. Panda's obligations

Panda undertakes to fulfil the following contractual obligations which arise from the commercial relation with the User as a consequence of his or her contracting the products, services, content or tools:

Provide the User, in good faith and with maximum guarantees, the product, service, content and or tool requested by the User in accordance with the present Conditions, and the end user license agreement where applicable.

Expressly inform the User of the existence of the present Conditions prior to the execution of the agreement.

Specifically, precisely, clearly and unequivocally inform the User prior to the execution of the agreement of the specific characteristics of the products, services, content or tools requested, as well as of the prices and any applicable taxes.

Make available to the User the text of the Conditions. Similarly, and for those products, services, content and/or tools that require, any applicable specific terms and conditions derived from the user license agreement of the item in question.

Give the User confirmation that the transaction has been successful, except in the case of those products that are executed immediately, within 24 hours of payment (where required) and acceptance of the applicable conditions by the User.

Send the User the receipt of payment or invoice for the products or services contracted from Panda, should such products or services require purchase.

Comply with applicable consumer rights regulations and legislation with respect to the return of products and services by the User, as specified in the sections concerning returns in the present Conditions.

b. The User's obligations

The user undertakes to:

Fulfil the obligations established in the present Conditions, as well as the specific conditions established on the website at: https://www.pandasecurity.com, concerning the products, services, content and tools offered by Panda.

Complete the registration forms with true and accurate information, where such information is a mandatory requisite for accessing Panda's products, services, contents or tools.

Complete the forms required for the purchase of products, services, content and tools with true and accurate information, as such information may be necessary for these items to be delivered and/or invoiced.

Use the products, services, content and tools in accordance with the specifications laid out in the Conditions and solely for the purposes established in the end user license agreement.

Provide, in the case of purchasing products, services, content and tools, the financial details required by Panda, and pay all sums due in accordance with the method of payment and the established prices published by Panda with respect to each product or service at the moment they are contracted.

Refrain from sending messages which could impede or interfere with the normal operation of the services offered by Panda. In any event, the User will be solely responsible for the messages he or she composes and sends, as well as the data he or she provides.

8. LIABILITY OF THE PARTIES

a. Panda's liability for the functionality of the website.

Panda will only be liable for loss or damages incurred by the user as a consequence of accessing the website, acquiring products or services, or using the contents or tools when such damages are attributed to willful misconduct on the part of Panda.

Similarly, Panda will not be held liable for damages incurred by the user in the event of the impossibility of offering the service subject to the present general agreement conditions due to accident, force majeure or other causes not attributable to Panda.

Neither will Panda be liable for the malfunction of the website where such malfunction is due to maintenance work, incidents, malfunction of the terminal or lack of sufficient resources for supporting the systems essential for the use of the service.

Panda will take the measures necessary to ensure a rapid response, but Panda will not be held responsible for delays attributable to telecommunication services nor does it guarantee delivery times for product, services or where applicable, contents or tools.

b. User's liability.

The User will be solely liable for the consequences of the communication of false data or data corresponding to third parties.

In the event of failure by the User to comply with the applicable obligations arising from the agreement, Panda reserves the right to take any corresponding legal action as well as restricting access to products, services, content and tools.

9. LIMITATION OF LIABILITY

Panda makes every effort to ensure that the information that appear on its website is true and up-to-date. However, errors or omissions may occur, and for this reason, the User should not consider information to be accurate without first checking the accuracy of the information with Panda. None of the information or content on this website should be considered as an indubitable fact. Panda cannot control how the User utilizes the information or content offered on this website and will therefore not be held responsible for deeds, acts or damages, whether direct or indirect, suffered by the User or third-parties which could be the consequence or arise from the use of said information or content.

To this end the User holds Panda harmless from any liability arising from interruptions when acquiring products, content and tools, or disruptions to the provision of services due to force majeure or circumstances beyond its control. To this effect, elements beyond its control include (i) the modem, (ii) the User's IT systems, (iii) Internet browsing software, (iv) viruses, (v) telephonic and electrical connections, (vi) ADSN, and any other transport or telecommunication infrastructure used by the User.

Panda will not be held responsible for any damages or losses caused to the user by third-party products. Users uses third-party products entirely at their own risk, under their respective terms, conditions and legal notices for which Panda is not responsible

10. PRIVACY POLICY

Last Updated: 29 January, 2024

Panda Security, S.L.U. and its subsidiaries (collectively "Panda Security," "our," "we," or "us") are committed to protecting the privacy of individuals who interact with us, such as our website visitors, customers, business partners, leads and prospects, recipients of marketing communications, end users and event attendees ("you" and "your"). This privacy policy ("Policy") explains how we collect, use and share your personal information when you:

• Visit, interact with or use any of our websites, social media pages, public forums (such as our blogs), Panda Security mobile apps (such as Panda Dome), online advertisements, marketing, or sales communications.


• Visit, interact with or use any of our offices, events, sales, marketing, and other offline activities.


• Submit a job application to Panda Security (either directly or through our parent company WatchGuard Technologies, Inc.)


• Purchase and/or use Panda Security products and services (including mobile apps and any free trials) either directly through us or our resellers.

When we refer to any combination of the above, we use the term "Services".

In connection with the provision of specific Services, we may provide additional "just-in-time" disclosures or additional information about our data processing practices. These notices may supplement this Policy or clarify Panda Security’s privacy practices in the circumstances described or may provide you with additional choices about how Panda Security processes your data.

This Policy does not apply to:

• Corporate products and services you purchase directly hrough our parent company WatchGuard Technologies, Inc. (“WatchGuard”) or its distributors and resellers. If your company is WatchGuard’s business customer, please refer to WatchGuard’s Privacy Policy.


• Websites, products, or services that display or link to different privacy statements or that are operated by companies other than Panda Security, or to business activities or practices of third parties, including our resellers.


• Information processed in the operation of products and services but to which we do not have access.


• The instances when and to the extent we process personal information in the role of a processor on behalf of our business customers. For detailed privacy information about where a Panda Security business customer or a customer affiliate who uses the services is the controller, please reach out to the respective business customer directly. We are not responsible for the privacy or data security practices of our business customers, which may differ from those set forth in this Policy.

When you access or use our Services, you acknowledge that you have read this Policy and understand its contents. Your use of our Services and any dispute over privacy is subject to this Policy, any applicable service terms (including any applicable limitations on damages and the resolution of disputes) and any applicable End User License Agreement.

ABOUT PANDA SECURITY

Panda Security specializes in the development of endpoint security products and is part of the WatchGuard portfolio of IT security solutions. You can find out more about us and our products and services a here.

Panda Security sells its product and services to corporations and business customers, typically through our authorized resellers. We also sell products and services to consumers, both directly and through our resellers (you can find out more about those consumer products here).

INFORMATION COLLECTED

The personal information we collect depends on the context of your interactions with Panda Security and the choices you make, the Services and features you use, your location, and applicable laws, but can include the following:

Information You Provide to Us

When you use our products or services, subscribe to marketing or one of our newsletters, request a free trial or demo, create an account, fill out our forms, visit our offices, register for an event or webinar, complete a survey, post comments on our blogs, register a product and enroll in customer support, participate in a Panda Security promotion and/or otherwise communicate with us in any way, we ask you to provide certain personal information. This may include:

• Contact information (such as your name, email address, address or phone number).


• Professional information (such as your employer name, address, job title, department or job role).


• Marketing information (such as your contact preferences).


• Account login credentials (such as user IDs, passwords and which for some Services may include your social network credentials, demographics and other information you or admins provisioning your account on your behalf provide to us).


• Troubleshooting data (which is data you provide when you contact Panda Security for support and which may include the products and services you use and other details that help us provide support, such as contact or authentication data, data about the state or condition of your device, or the content of your chats and other communications with Panda Security).


• Billing information (including your credit card numbers and associated identifiers, billing address, and background information, but only if you pay us, and not our resellers, directly for services).


• Applicant information if you apply for a job with Panda Security (such as your resume, desired pay, education and work history, whether you are over the age of 18, and visa status. You also may choose to provide your gender, ethnicity, veteran status, disability status, and links to your website, blog, portfolio, or LinkedIn profile).


• Online content (which includes personal information disclosed by you on message boards, chat features, blogs and other services or platforms to which you are able to post information and materials, including third party services and platforms).

We may also record or monitor our telephone or other communications with you, to the extent permitted by applicable law.

Providing your data is optional, but it may be necessary for certain services, such as product registration, to access content, such as whitepapers, to activate or access an app or a cloud service, or to qualify your suitability as an authorized Panda Security reseller. In such cases, if you do not provide your information, we may not be able to provide you with the requested services.

Information We Collect Automatically

We automatically collect certain device and usage information when you use or interact with our websites, emails we send you, or as a part of your use of our products and services.

The information we collect automatically includes:

• Details about your computers, devices, applications, and networks, including internet protocol (IP) address, MUID, cookie identifiers, mobile carrier, Bluetooth device IDs, mobile device ID, mobile advertising identifiers, MAC address, IMEI, Advertiser IDs, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, language preferences, battery level, on/off status, geo-location information, hardware type, operating system, Internet service provider.


• Information about the products or services you looked at or searched for online and the Services you used, details about your internet, app, or network usage, including URLs or domain names of websites you visit, information about the applications installed on your device, or traffic data, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, the links you click and pages you view within the Services, how you interact with the pages and forms and the difficulties you may be having with them, or other actions you take through use of the Services such as your preferences.


• Performance information, crash logs, authentication logs, session data and aggregate or statistical information.

We may collect this information through our Services or through other methods of web analysis, including with the help of technologies, such as cookies, web beacons, and clear gifs. For more information, review our Website Cookie Policy.

Location Information

Some of our Services automatically identify your country-level location based on the IP address to ensure you have access to the content and Services that are within regional license scope associated with your account and to comply with regulatory obligations to which Panda Security is subject to.

Additionally, certain Services may request permission to access your location. Where you grant this permission, we will collect information about your location using GPS, wireless, or Bluetooth technology. For example, when you use our Services to protect your mobile device, we may collect geolocation data of the device on which the product is installed. Some Services may also ask permission to access your location through the browser you are using. You can control access to precise location information through your mobile device or browser settings.

Information We Collect through Your Use of our Applications

Depending on the application and features you are using (such as Panda Dome Antivirus and VPN or Panda Dome Passwords) and, where necessary, depending on whether you grant your permission within the application, we collect the following data:

• Account login credentials. Your credentials and passwords are collected if you create Panda Account.


• Location. Anti-theft and employee control features obtain and store the location of your devices to track them and send warnings in case of entry/exit of control zones.


• Installed Apps & Apps Usage Data. List of apps installed on your device is used to perform an antivirus scan for threats. Family and employee control features monitor apps use and apply usage restrictions.


• Contacts. Information about your contacts is used to block calls from unknown numbers and provide call block reports grouped by contact.


• Statistic Data / Analytics. Information about your interaction with the product is uploaded to optimize the user experience and to detect and correct possible errors when they appear.


• Camera Data. A photo may be taken when you request it in the context of an anti-theft action on a lost or stolen device.


• Passwords and credentials. If you use password manager, we collect your credentials and passwords to provide this service to you.


• Social Media Campaign Information. The app measures the numbers of app downloads that result from a particular social media campaign and send them to Google LLC, our analytics provider. This information is used exclusively to measure the effectiveness of social media campaigns.


• Google Mobile Ads SDK Data. Depending on the Service you use, the app may automatically collect the following data such as device IP address, your interactions with the product (e.g., app launch, taps, and video views), diagnostic information related to the performance of the app and the SDK (including crash logs, app launch time, hang rate, and energy usage), device and account identifiers such as Android advertising (Ad) ID, app set ID, and, if applicable, other identifiers related to signed-in accounts on the device. This data is collected for advertising (only in case you use free version of our Services), analytics, and fraud prevention purposes.

Information We Collect from Other Sources

We may receive information about you from other sources (including third parties from whom we have purchased personal information) and combine that information with the information we collect. For example, we collect personal information from joint marketing partners, channel partners (including resellers, and managed service providers), our affiliated companies, recruitment agencies, credit check agencies, lead generation providers, event sponsors, public databases, data providers, and social media platforms.

This information may include:

• Mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs, and custom profiles.


• Resumes and background check information.


• Order information, delivery, payment information, purchase or redemption information, customer support and enrolment information.

COOKIES AND SIMILAR TECHNOLOGIES

We use common information gathering tools, such as tools for collecting usage data, cookies, web beacons and similar technologies to automatically collect information that may contain personal information from your computer or mobile device as you navigate our websites, our services or interact with emails we have sent as further described above. For more information, review our Website Cookie Policy.

WHY WE COLLECT AND HOW WE USE YOUR INFORMATION

We use personal information about you for a variety of purposes and on the legal bases described in this Policy or disclosed to you in our Services, including:

• Managing user registrations: If you have registered for an account with us, we use your data to manage your user account to perform our contract with you according to applicable terms of service, or if we do not have a contract directly with you, in reliance on our legitimate interests in administering and managing your user account.


• Product activation: We use data – such as device and application type, location and unique device application, network, and subscription identifiers – to activate products that require activation.


• Providing the Services: We use data to operate and provide our Services and to tailor our Services to your needs and preferences to perform our contract with you. Where we have not entered into a contract with you, we process your personal information in reliance on our legitimate interests in operating and improving our internal operations, systems and Services, and to provide you with the content, products or services you access and request (e.g., to download content from our website).


• Improving and developing the Services: We use data to analyze trends to identify future opportunities for the development, promotion, and improvement of our Services, in reliance on our legitimate interests in developing and improving our Services, or where required, with your consent. For example, we use data, often in a de-identified form, to develop new features, capabilities, or products, improve the user experience, assess capability requirements, and identify customer opportunities.


• Securing the Services: We process data by tracking use of our websites and services for the purposes of maintaining the safety and security of our Services, including verifying accounts and activity, investigating suspicious activity, and enforcing our terms and policies, in reliance on our legitimate interest in promoting the safety and security of our Services, systems and applications and in protecting our rights and the rights of others.


• Providing customer support: We use data to troubleshoot and diagnose product problems, repair customers’ devices, and provide other customer care and support services, including to help us provide, improve, and secure the quality of our products, services, and training, and to investigate security incidents in reliance on our legitimate interests. Call recording data may also be used to verify your requests and enable Panda Security to provide support services and investigate security incidents.


• Providing the services through our resellers or distributors: We may provide our authorized resellers or distributors with your personal information to facilitate their provision and promotion of services to you (including any free trials) in reliance on our (and our resellers' and distributors') legitimate interests in promoting and providing the services.


• Handling contacts and user requests: If you fill out a web form or request support, if you contact us by other means, including via a phone call, we use your data to perform our contract with you or if we do not have a contract directly with you, in reliance on our legitimate interests in fulfilling your requests and communicating with you.


• Sending administrative communications: We may use your data to send you information related to services such as confirmations, invoices, expiration and renewal notices, technical notices, service updates and security feeds, security alerts, and support, onboarding, and administrative messages to perform our contract with you, or if we have not contracted directly with you, in reliance on our legitimate interests in administering our products and services.


• Registering office visitors: We may process your personal information for security reasons, to register visitors to our offices and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest in protecting our offices and our confidential information against unauthorized access.


• Managing events: We use data to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you, to perform our contract with you or in reliance on our legitimate interests in administering and promoting the event.


• Displaying advertising and relevant offers: We use data we collect through our interactions with you to conduct marketing research, advertise to you, provide personalized information about us on and off our websites, and to provide other personalized content based on your activities and interests to the extent it is necessary for our legitimate interest in advertising our Services, or where necessary, to the extent that you have provided your prior consent. Please see the "Your Privacy Rights" section below to learn how you can control the processing of your personal information by Panda Security for personalized advertising. For these purposes, we may link or combine information about you with other personal information we get from third parties, to help understand your needs and provide you with better and more personalized service or content.


• Sending marketing communications: We use data we collect to send promotional communications, including product recommendations, and other non-transactional communications (e.g. marketing newsletters, telemarketing calls, SMS, or push notifications) about WatchGuard, Panda Security, and our selected partners according to your marketing preferences. This may include information about our products, promotions, or events as necessary for our legitimate interest in conducting direct marketing, or to the extent you have provided your prior consent. Please see the "Your Privacy Rights" section, below, to learn how you can control the processing of your personal information by Panda Security for marketing purposes.


• Managing contests, promotions, and petitions: If you register for contest or a promotion or sign one of our petitions, we process your personal information to perform our contract with you (for example, to process and deliver contest entries and rewards), or in the case of petitions, in reliance on our legitimate interests, or where required, your consent.


• Complying with legal obligations: We process your personal information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws, to the extent this requires the processing or disclosure of personal information to protect our rights, or is necessary for our legitimate interest in protecting against misuse or abuse of our Services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, or to respond to lawful requests.


• Processing job applications: We process your personal information if you apply for a job with Panda Security, to evaluate your application and make hiring decisions, communicate with you and inform you of current and future career opportunities (unless you tell us that you do not want us to keep your details for such purposes), manage and improve our recruiting and hiring processes, or to conduct reference and background checks where required or permitted by applicable local law. We perform this processing to the extent that it is necessary to comply with our legal obligations, for our legitimate interest in assessing the suitability of our candidates and managing our recruiting process, or, where required by applicable law, with your consent.


• For our business or commercial purposes: We may use data for other legitimate business purposes in reliance on our legitimate interests, such as to update, expand, and analyze our records, identify new customers, data analysis, to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, free trials and operating and expanding our business activities.

In carrying out these purposes, we combine data we collect from different contexts (for example, from your use of two products) or that we obtain from third parties to give you a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes.

SHARING OF PERSONAL INFORMATION

We do not share your personal information with third parties, other than as follows:

• With your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes, subject to their separate privacy policies.


• With our authorized resellers and distributors in order to process your order or sales inquiry, manage your subscription or free trial, provide technical or customer support, advise of upcoming product or service subscription or trial expiry and renewal dates, or as otherwise notified to you when we collect your personal information.


• With sponsors of contests, events or promotions for which you register. For example, if you attend an event or webinar organized by us, or download or access materials on our website, we may share your data with sponsors of the event. If required by applicable law, you can consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your information will be subject to the sponsors' privacy statements. If you do not want your information shared, you can choose to not opt in upon registration or elect to not have your badge scanned, or you can opt out according to the "Your Privacy Rights" section below.


• If you use our services as an authorized user of one of our business customers, with our business customer responsible for your access to the services, to the extent this is necessary for verifying accounts and activity, investigating suspicious activity, or enforcing our terms and policies.


• With our affiliates within the WatchGuard corporate group and companies we may acquire in the future when they become part of the WatchGuard corporate group, to the extent such sharing of data is necessary to fulfil a request you have submitted via our Services or for customer support, marketing, technical operations, and account management purposes. For instance, WatchGuard may receive information about you if you are a customer or a prospect of Panda Security.


• With our contracted vendors, consultants, and other third parties who provide services to us such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support, and data enrichment for the purposes described above.


• To (i) comply with laws or to respond to lawful requests and legal process, (ii) protect the rights and property of Panda Security and our agents, customers, and others, including to enforce our agreements, policies, and terms of use, or (iii) in an emergency, to protect the personal safety of Panda Security, its customers, or any person.


• In connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company. If required by applicable laws, we will use reasonable efforts to notify you of any transfer of personal information to an unaffiliated third party.

We may also share aggregated or deidentified usage data with third parties to help us perform analysis and make improvements. Additionally, we may share anonymous usage data on an aggregate basis in the normal course of operating our business. For example, we may share information publicly to show trends in the use of our Services.

Any personal information or other information you choose to submit in communities, forums, blogs, or chat rooms on our websites may be read, collected, and used by others who visit these forums, depending on your account settings.

For further information on the recipients of your personal information, please contact us (see the "How to Contact Us" section below).

PANDA SECURITY BLOGS

If you choose to post comments on any Panda Security community site or blog, be aware that other users of the blog or community site will see your name, website, and the content of your comments, and may interact with you in response to your comments.

SOCIAL MEDIA FEATURES

Our websites include plugins of social media platforms, such as Facebook Inc., Twitter Inc., and LinkedIn Corporation. You can identify the plugins by the respective network's logo. Details about purpose and extent of data collection, as well as processing and use of the data, by the social media networks can be obtained by reading the privacy policies of Facebook, Twitter, and LinkedIn.

SECURITY OF YOUR INFORMATION

Panda Security takes reasonable precautions, including organizational, technical, and physical measures, to help safeguard your personal information against accidental or unlawful destruction, loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our websites, contact us (see "How to Contact Us" below).

CHILDREN'S PRIVACY

Our websites are not directed to, nor do we knowingly collect data from, minors (as defined by applicable law) except where explicitly described otherwise in the privacy notices of Services designed specifically for purposes such as to assist you by providing child online protection features. In such cases, we will only collect, and process personal data related to any child under 13 years of age that you choose to disclose to us or otherwise instruct us to collect and process. We also do not sell or share personal information of consumers under 16 years of age. If you are a parent or guardian and you learn that your children under 13 have provided us with personal information, please contact us (see "How to Contact Us" below).

TRANSFERS OF YOUR INFORMATION

Personal information we collect may be stored and processed in your region, in Spain, in the United States or in any other country where we or our affiliates, subsidiaries or service providers maintain facilities. We maintain primary data centers in the United States, Germany, Spain, Ireland, and Japan. We take steps designed to ensure that the data we collect under this Policy is processed as described in this Policy and according to applicable law wherever the data is located.

We may transfer personal information from the European Economic Area (EEA), UK, and Switzerland (collectively "Europe") to other countries that may not have the same level of data protection that applies in your jurisdiction. In these cases, we use a variety of legal mechanisms to ensure that the recipient of your personal information offers an adequate level of protection, including entering into the standard contractual clauses for the transfer of European data approved by the European Commission, or where required, we will ask you for your prior consent.

STORAGE AND RETENTION OF YOUR PERSONAL INFORMATION

We may retain your personal information for as long as necessary for the purposes it was collected, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly. We determine the appropriate retention period for personal information based on the amount, nature and sensitivity of your personal information processed, the potential risk of harm from unauthorized use or disclosure of your personal information and whether we can achieve the purposes of the processing through other means, as well as applicable legal requirements (such as applicable statutes of limitation).

After expiry of the applicable retention periods, your personal information will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of that data.

For further information on applicable data retention periods, please contact us (see "How to Contact Us" below).

YOUR PRIVACY RIGHTS

Your rights

Where we are acting as a controller, and depending on your location and subject to applicable law, you may have the following rights regarding the personal information we control about you:

• You can access, correct, update, delete, and deactivate your personal information.


• In addition, if you are a resident of or visitor from Europe, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.


• If you are a resident of California, please see our Notice to California Residents to learn about additional privacy rights under California law.


• You can opt out of receiving marketing emails from us at any time. See the "Your preferences for email marketing" section below for further information.


• If we have collected and processed your personal information with 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 information 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 information. For more information, please contact your local data protection authority. Contact details for data protection authorities in EEA and UK are available here.

How to exercise your rights

If you are a Panda Security customer, job candidate, or prospect and you would like to exercise your rights (for which we reserve the right to charge you a fee, where permitted by applicable law), please email: panda.dpo@watchguard.com.

We will review and process your request in accordance with our obligations under applicable law.

Opt-Out Preference Signals

Our website recognizes the Global Privacy Control (“GPC”) signal. If you are using a browser setting or plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out. You can download a browser supporting the GPC browser signal at https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, our website does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

Your preferences for email marketing

You can opt out of receiving promotional emails from Panda Security by following the instructions in those emails. If you would like to manage your contact preferences, you can do so here. If you choose to no longer receive marketing information, we may still communicate with you regarding such things as your security updates, product functionality, responses to service requests, or other transactional, non-marketing purposes.

You can also send requests about changes to your information or your contact preferences, including requests to opt-out of sharing your personal information with third parties, by emailing: panda.dpo@watchguard.com.

Your preferences for telemarketing communications

If you want your phone number to be added to our internal Do-Not-Call telemarketing register, please contact us (see "How to Contact Us" below). Please include your first name, last name, company, and the phone number you wish to add to our Do-Not-Call register.

Alternatively, you can always let us know during a telemarketing call that you do not want to be called again for marketing purposes.

Notice to the end users of our business customers

We often process personal information we collect or receive through our services in the role of a processor or service provider on behalf of a business customer (or its affiliate) who is the responsible controller or business in regard to the personal information concerned. We are not responsible for and have no control over the privacy and data security practices of our business customers, resellers and distributors, which may differ from those set forth in this Policy.

If your data was submitted to us by or on behalf of a Panda Security business customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable business customer directly. If you wish to make your request to us, please provide the name of the Panda Security business customer who submitted your data to us. Since we may only access a customer's data upon instruction from that customer, we will refer your request to that business customer and will support them as needed in responding to your request within a reasonable timeframe.

NOTICE TO EUROPEAN RESIDENTS

If you are resident in the EEA, UK or Switzerland ("Europe") the following disclosures apply:

Data Controller

Panda Security, S.L.U. is the controller of your personal information as described in this Policy, unless otherwise specified.

Legal Basis

When we process your personal information, we will only do so in the following situations:

• We need to use your personal information to perform our responsibilities under our contract with you (e.g., processing payments for and providing the services you purchase or request).


• We have a legitimate interest in processing your personal information. For example, to provide, secure, and improve our Services, in communicating with you about changes to our products and services, and in informing you about new services or products.


• We have your consent to do so.


• We need to process your personal information to comply with our legal obligations.

For further information, please review the "Why We Collect and How We Use Your Information" section above.

NOTICE TO U.S. RESIDENTS

If you reside in the United States of America, in addition to this Privacy Policy, please refer to our Notice to U.S. Residents.

ACCESSIBILITY

We are committed to ensuring this Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

CHANGES TO THIS POLICY

Panda Security may change this Policy from time to time. If we make any changes to this Policy, we will post an amended version and change the "Last Updated" date above or if we make a material update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided. Please review this Policy periodically.

HOW TO CONTACT US

If you have any questions about this Policy, please email: panda.dpo@watchguard.com.

By registered mail:

Panda Security

Attn: Legal Department

Calle Santiago de Compostela 12, 1ª planta

48003 Bilbao, Bizkaia

Spain

Please note that you may also submit your requests or complains directly to our DPO at dpo.watchguard@secjur.com.

11. HYPERLINKS

Panda is not responsible for Web pages linked to its website, nor for any Web pages that the User might access through links included on our website. We do not control such Web pages, and, therefore, are not responsible for their contents. Users consult such Web pages at their own risk, under their own terms, conditions and legal notices for which Panda is not responsible.

12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Panda holds the intellectual and industrial property rights over the elements that comprise the website, such as the trade names, trademarks, designs and symbols. These include, but are not limited to, the copyrights on logos, colour combinations, the choice and form of presentation, web page source code, menus, browser buttons, HTML code, Java applets, texts, images, graphics, as well as any other content of the web page related to products and services provided by Panda.

The User undertakes to respect the intellectual and industrial property rights of the website and of the products, contents and tools. To this end, the User will refrain from copying, reproducing, distributing, making available or publicly communicating website content, without prior written authorisation Panda. In this event, the User will always act in accordance with the following conditions:

Any total or partial reproduction of the website, or of the tools or contents, must include the Panda copyright notice: "© Panda Security 2016. All rights reserved". Similarly, in case of reproduction and/or distribution of content belonging to third-parties which appears in this website, the corresponding copyright warnings of these third-parties must also appear.

The content of this website may not be modified unless prior written authorisation from Panda has been granted. Such content may be used for information purposes only and not for commercial aims or for distribution, public communication, transformation or de-compiling.

Panda reserves the right to revoke authorisation to use the content of its website at any time. In such cases, those concerned must cease to use the utility. Panda will not be responsible for any third-party information to which part or all of the contents of its website have been added.

None of the images or graphics on Panda 's website may be used separately from the rest of the images that appear with them or from the corresponding text, where relevant.

It is not permitted to distribute or publish the content of the website together with information that promotes:

• Pornography and/or prostitution.
• Child abuse.
• Racism.
• Terrorism.
• Arms trading.
• Any other illegal content.

The names of the products that may appear on the website may be registered trademarks of their respective companies.

13. PRICES

The prices and tariffs corresponding to the purchase of products and services by the user will be those that appear in Panda's website (www.pandasecurity.com) in the moment that the User accesses the product or service and commences the purchase process. Similarly, the conditions concerning shipping costs and taxes will those specified on the corresponding web page.

Should the product or service contracted by the User need to be physically delivered, shipping costs may vary according to the geographical location of delivery and will be met by the User.

Panda reserves the right to modify tariffs and price lists published on its website should it see fit. In any event, any such changes will not apply to products and services contracted prior to the modification, with the exception of concepts related to the renewal of products and/or services.

Methods of payment for the services will be as specified in the corresponding conditions at the time they are contracted and will always be available to the User prior to their being contracted. Panda reserves the right to cancel the services contracted by the User in the event that the latter does not respect the methods of payment stipulated, or does not pay for the products and/or services.

14. DURATION OF THE AGREEMENT

The contractual obligations derived from the contracting of the products, services, contents or tools by the users from Panda will remain in force for the period of time stipulated in the corresponding specific conditions or in the terms and conditions of the product's end user license agreement available to the User beforehand.

The present Conditions and any corresponding specific conditions shall remain in force for as long as they are published on the aforementioned website and will apply from the moment the User uses the website and/or begins to contract any of the products, services, contents or tools.

Panda reserves the right to unilaterally modify the Conditions, without prejudice to the conditions under which products have been acquired prior to such modification, with the exception of cases in which users have acquired a new product version, or if services have been modified by Panda, in which case, the terms and conditions in force at the moment of the change or modification will apply.

15. DELIVERY PERIODS AND METHODS

Due to the wide range of Panda products and services on offer, delivery periods and methods will be as specified in each case at the time they are contracted.

In any event, Panda guarantees to deliver the product or provide the product or service contracted by the user in under than thirty working days as of the day after the User has accepted the present Conditions or, where applicable, the specific conditions and/or the end user license agreement for the product or service requested. However, Panda shall not be held responsible in the event that the aforementioned delivery period is exceeded due to force majeure, accident or due to the actions of third parties.

16. TERMINATION OF THE AGREEMENT

Panda Security reserves the right to terminate the products, services, contents and/or tools contracted via this Website at any time, and without prior notice should the User fail to comply with the general and specific contractual Conditions or, where applicable, the End User License Agreement for the product or service in question.

The User will have a period of thirty (30) days, as of the date of receipt of the product, within which time he or she may terminate the contract subscribed with Panda Security without specifying the reason and without any penalty whatsoever. Notwithstanding the foregoing, in the case of support and/or technical assistance products, no refund will be made once the service has been used regardless of the time passed. Additionally, no refunds will be made, under any circumstances, of the Money-Back Guarantee service should the User have purchased it. In the case of subscription services, the User may cancel his/her subscription at any time, which will become effective at the end of his/her current billing period (monthly or annual, depending on the subscription plan selected).

To exercise the aforementioned right, the User must inform Panda Security in writing, either by fax, registered postal mail or by email sent to the Customer Service email address at customer.service@pandasecurity.com, within the appropriate time period.

In this event, Panda Security will reimburse the User the amount paid within fourteen (14) days of the receipt of the written notification from the User. Such reimbursement will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any costs as a result of such reimbursement.

17. APPLICABLE LEGISLATION AND JURISTICTION. ONLINE DISPUTE RESOLUTION

The present conditions are governed by applicable Spanish legislation.

In the event of any doubt or disagreement about the interpretation of the provisions herein or their effects, the only competent authority will be the Bilbao Courts of Justice. The User expressly renounces any other jurisdiction that may correspond to him or her.

The European Commission provides an online dispute resolution platform, which can be found here: https://ec.europa.eu/consumers/odr/. Via this platform, consumers resident in the European Union can submit a complaint and request traders to agree to online dispute resolution. Notwithstanding the foregoing, dispute resolution bodies are currently not available on the platform for some sectors and in some EU countries. Consumers must check the aforementioned link for complete information.

18. NOTIFICATIONS

All notifications, requests, petitions and other communication carried out by the parties with respect to the present general terms and conditions must be written and sent by registered post or burofax to the other party at their postal address.

19. EXPORT RESTRICTIONS

All Panda Security products for Home Users in any of their available versions, commercial, trial, beta, or any other, available via this Website, are subject to U.S. export restrictions and regulations.

These products may not be downloaded in, nor exported or re-exported to the following countries (or to nationals or residents of these countries): (1) Cuba, Syria, Sudan, North Korea, Iran, the Crimea Region of the Ukraine, (2) any other country subject to U.S. embargoes (3) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders, (4) or to any person or entity named on the U.S. Department of Commerce's Denied Persons List, Entity List and Unverified List, or the U.S. State Department's List of Statutorily Debarred Parties.

By downloading or using these products, the User accepts the foregoing conditions as well as any applicable export restrictions. The User guarantees that he or she is not in, or resident or national of any of the nations included in the previous paragraph or those on any of the aforementioned lists.
The information concerning export restrictions in the present clause is not necessarily exhaustive. For more information concerning export restrictions, please contact the Bureau of Export Administration at the U.S. Department of Commerce.

Furthermore, if the User uses Panda Security's products for Home Users, and due to the existence of local legal restrictions on the use of virtual private networks (VPN), those products may not be installed in Belarus, China, Iran, Oman, Pakistan, Qatar, Hong Kong, Saudi Arabia or United Arab Emirates.

20. SEVERABILITY OF CLAUSES

Should any provision of this agreement prove to be, become or be declared null and void or unenforceable, the remaining provisions shall be unaffected and shall remain fully valid and effective.