Privacy Policy

Zmanda, Inc. ("Zmanda") has created this privacy policy to demonstrate our firm commitment to privacy. This policy sets forth our information gathering and dissemination practices for the www.zmanda.com, forums.zmanda.com and wiki.zmanda.com sites (collectively, the "Websites"). This policy does not apply to the practices of third parties that Zmanda does not own or control, or to individuals Zmanda does not employ or manage.

General Information

Zmanda respects the privacy of our customers, business partners and employees. We recognize the need for appropriate protections and management of personal information that you provide to us. Zmanda has therefore established this Privacy Policy to assist you in understanding what information we collect and how that information is used.

The Information We Collect

This Privacy Policy applies to all information collected by or submitted to Zmanda, including personal information, that Zmanda collects when you are on the Websites or when you use the Zmanda services. "Personal information" is data that reasonably can be used to identify or describe an individual. For example, Zmanda collects personal information when:

• you create a user account to become a member of forums.zmanda.com and wiki.zmanda.com
• you register for webcasts
• you request information or materials (e.g., white papers)
• you participate in surveys and evaluations
• you participate in promotions, contests or giveaways
• you submit questions or comments to us.

Zmanda, Inc. also collects personal information from individuals (with their consent) at conventions, trade shows and expositions.

Types of Information

Our primary goal in collecting information is to provide you with a useful, customized, and efficient experience. As such, Zmanda only collects information that is relevant to the purpose of our site, and does not process this information in a way that is incompatible with the purpose for which it has been collected or subsequently authorized by you. Zmanda may collect the following types of personal information from you:

• your first and last name
• your title and your company's name
• your home or other physical address (including street name, name of a city or town, state/province)
• your e-mail address
• your telephone number
• any other identifier that permits Zmanda, Inc. to make physical or online contact with you.

Use of Information

Zmanda receives and stores information you enter on our website or provide to us in any other way. Zmanda uses the personal information you provide for such purposes as:

• creating and maintaining your accounts
• answering your questions
• registering you in programs (per your request)
• sending you information
• sending you surveys

We also use this personal information to provide you with information related to your account and the products or services you purchased from us, to better understand your needs and interests, to improve our service, and to personalize communications.

Sharing Your Personal Information

Unless you consent, Zmanda will never share the personal information you provide to us except as described below.

Zmanda, Inc. may disclose your personal information to third parties under any of the following circumstances:

• As required by law (such as responding to a valid subpoena, warrant, audit, or agency action, or to prevent fraud).
• For research and marketing activities, including the production of statistical reports (such data is only used in the aggregate to describe our services to current and prospective partners and other third parties, and is not individually identifiable).
• Our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components, This type of collective data enables us to figure out how often users access certain parts of the Websites, so we can make the sites as useful as possible.
• In the context of a business transaction, such as a merger, acquisition, consolidation, or divestiture we may choose to buy or sell asset. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Zmanda or substantially all of its assets were acquired, customer information would be one of the assets that is transferred). However, we would only disclose such information pursuant to a pledge of confidentiality under which the recipient would agree to use the information for no purpose other than carrying out the transaction and that such recipient would agree to provide at least the same level of privacy protection as Zmanda.

Your Choices About Receiving E-Mail

Zmanda makes every effort to provide you with the ability to opt-in and opt-out of receiving most communications from Zmanda.

Zmanda may send you e-mail about your account, about the products you have, to remind you about a webcast for which you have registered or a service you have requested, or in response to your questions. Zmanda may also send you e-mail with information and/or special offers about products and services that may be of interest to you, unless you indicate that you do not want to receive them.

You may let us know whether or not you would like to receive information, special offers, and promotional materials from Zmanda when you create a Forums and Wiki accounts, when you register for a service, when you provide us with your personal information, or when we send you e-mail.

Zmanda will provide you with the opportunity to opt-out of any of our direct marketing communications at any time. All promotional e-mail sent from Zmanda will contain a provision allowing you the option to decline receiving future promotional e-mail. You may unsubscribe to an e-mail communication by contacting Zmanda at either of the addresses provided below and requesting that you be unsubscribed from that specific communication:

• Web: feedback (at) zmanda.com
• Regular mail:

Zmanda, Inc.
505 N. Mathilda Ave. #120
Sunnyvale, CA 94085

For your protection, Zmanda may contact you in the event that we find an issue with a product or service you have purchased that requires your immediate attention. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Websites, and you are responsible for reviewing such legal notices for changes.

Cookies and Other Browser Information

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Our website automatically captures IP addresses and we use IP addresses to help diagnose problems with our server, to administer our Websites, and to help ensure the security of your interaction with our Websites. Your IP address may also be used to help identify you.

As part of offering and providing customizable and personalized services, Zmanda uses cookies to store and sometimes track information about your usage of our services and the Websites. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. All sections of www.zmanda.com, forums.zmanda.com and wiki.zmanda.com where you are prompted to log in or that are customizable require your browser to accept cookies.

If you do not want your personal information to be stored by cookies, you can configure your browser so that it always rejects these cookies or asks you each time if you accept them or not. However, you must understand that the use of cookies may be necessary to provide certain products or services, and choosing to reject cookies will reduce the performance and functionality of the site. Your browser documentation includes precise instructions explaining how to define the acceptance of cookies.

Our Commitment to Data Security

Zmanda trains its employees on our privacy guidelines and makes our privacy policy available to our business partners.

Your user account information is protected by a password for your privacy and security. Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it.

Zmanda Public Forums Reminder

This site makes forums and news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information. Exercise caution when deciding to disclose your personal information. Although we value individual ideas and encourage free expression, Zmanda, Inc. reserves the right to take necessary action to preserve the forum's integrity, such as removing any posting that is vulgar or inappropriate.

About Links to Other Sites

The Websites and other Zmanda services may contain forums and news groups available to our users. Please remember that any information that is disclosed in these areas becomes public information. Exercise caution when deciding to disclose your personal information as you are solely responsible for what you choose to disclose on these public forums.

Although we value individual ideas and encourage free expression, Zmanda reserves the right to take necessary action to preserve the forum's integrity, such as removing any posting that is vulgar or inappropriate.

How to Access, Modify or Update Your Information

Zmanda, Inc. gives you the ability to access, modify or update your information at any time. You may login and make changes to your login information (change your password), your contact information, your general preferences and your personalization settings. If necessary, you may also contact us and describe the changes you want made to the information you have previously provided.

How to Contact Us

If you have any questions about any of these practices or Zmanda, Inc. use of your personal information, please feel free to contact us feedback (at) zmanda.com, or by mail at:
Zmanda, Inc.
505 N. Mathilda Ave. #120
Sunnyvale, CA 94085

Zmanda will work with you to resolve any concerns you may have about this Privacy Policy.

Changes to this Privacy Statement

Zmanda reserves the right to change this policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to our privacy policy, we will notify you by posting an announcement on our web site so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

The Effective Date of this Privacy Policy is December 5, 2005.