Privacy Policy

July 21, 2016

The Linux Foundation (“TLF”) is committed to protecting the privacy of its users. This Privacy Policy (or the “Policy”) applies to each of its websites (whether currently or in the future supported, hosted or maintained, including without limitation linuxfoundation.org, linux.com and the websites of all TLF projects (including those projects listed here www.linuxfoundation.org/projects, collectively “Projects”), the “Sites”) and describes the information TLF collects about users of the Sites (“users”) and how that information may be used.

Read the Privacy Policy carefully. By using any Site, you will be deemed to have accepted the terms of the Policy. If you do not agree to accept the terms of the Privacy Policy, you are directed to discontinue accessing or otherwise using the Sites or any materials obtained from the Sites.

Changes to the Privacy Policy
TLF reserves the right to update and change this Privacy Policy from time to time. Each time a user uses the Sites, the current version of the Privacy Policy applies. Accordingly, a user should check the date of this Privacy Policy (which appears at the top) and review for any changes since the last version. If a user does not agree to the Privacy Policy, the user should not use the Sites. Continued use of the Sites following any revision of this Privacy Policy constitutes an acceptance of any change.

What Does this Privacy Policy Cover?
This Privacy Policy covers TLF’s treatment of aggregate information collected by the Sites and personal information that you provide in connection with your use of the Sites. This Policy does not apply to the practices of third parties that TLF does not own or control, including but not limited to third party services you access through TLF, or to individuals that TLF does not employ or manage.

Children Under 13 Years of Age
Unless specifically indicated within a Site, the Sites are not intended for minor children not of age (including without limitation those under 13), and they should not use the Sites. If you are under 18, you may use the Site only with involvement of a parent or guardian or if you are an emancipated minor. Except as specifically indicated within a Site, we do not knowingly collect or solicit information from, market to or accept services from children. If we become aware that a child under 13 has provided us with personal information without parental consent, we will take reasonable steps to remove such information and terminate the child’s account. If you become aware that a child has provided us with personally identifiable information without parental consent, please contact us at privacy@linuxfoundation.org so we may remove the information.

Information About Users That TLF Collects
On the Sites, users may order products or services, and register to receive materials. Information collected on the Sites includes community forum content, diaries, profiles, photographs, names, unique identifiers (e.g., social media handles or usernames), contact and billing information (e.g., email address, postal address, telephone, fax), and transaction information. In order to access certain personalized services on the Sites, you may be asked to also create and store a username and password for an account from TLF.

In order to tailor TLF’s subsequent communications to users and continuously improve the Sites’ products and services, TLF may also ask users to provide information regarding their interests, demographics, experience and detailed contact preferences. TLF and third party advertising companies may track information concerning a user’s use of the Sites, such as a user’s IP address.

How TLF Uses the Information Collected
TLF may use collected information for any lawful purpose related to TLF’s business and the business of the Projects, including, but not limited to:

1.    To understand a user’s needs and create content that is relevant to the user;
2.    To generate statistical studies;
3.    To conduct market research and planning by sending user surveys;
4.    To notify user referrals of TLF services, information, or products when a user requests that TLF send such information to referrals;
5.    To improve services, information, and products;
6.    To help a user complete a transaction, or provide services or customer support;
7.    To communicate back to the user;
8.    To update the user on services, information, and products;
9.    To personalize a Site for the user;
10.    To notify the user of any changes with a Site that may affect the user;
11.    To enforce terms of use on a Site; and
12.    To allow the user to purchase products, access services, or otherwise engage in activities the user selects.

User names, identifications (“IDs”), and email addresses (as well as any additional information that a user may choose to post) may be publicly available on a Site when users voluntarily and publicly disclose personal information, such as when a user posts information in conjunction with content subject to an Open Source license, or as part of a message posted to a public forum or a publicly released software application. The personal information you may provide to TLF may reveal or allow others to discern aspects of your life that are not expressly stated in your profile (for example, your picture or your name may reveal your hair color, race or approximate age). By providing personal information to us when you create or update your account and profile or post a photograph, you are expressly and voluntarily accepting our Terms of Use and freely accepting and agreeing to our processing of your personal information in ways set out by this Privacy Policy. Supplying information to us, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part. You may withdraw your consent to TLF’s collection and processing of your information by closing your account.  You should be aware that your information may continue to be viewable to others after you close your account, such as on cached pages on Internet search engines.  Users may not be able to change or remove public postings once posted. Such information may be used by visitors of these pages to send unsolicited messages. TLF is not responsible for any consequences which may occur from the third-party use of information that a user chooses to submit to public pages.

Opt Out
A user makes the decision whether to proceed with any activity that requests personal information including personally identifiable information. If a user does not provide requested information, the user may not be able to complete certain transactions.

Users are not licensed to add other users to a Site (even users who entered into transactions with them) or to their mailing lists without written consent.

TLF encourages users to evaluate privacy and security policies of any of the Sites’ transaction partners before entering into transactions or choosing to disclose information.

Email from TLF or the Projects
TLF and/or any Project may use contact information received by TLF or any Project or any Site, to email any user with respect to any TLF or Project opportunity, event or other matter.

If a user no longer wishes to receive emails from TLF or any Project or any Site, TLF will provide instructions in each of its emails on how to be removed from any lists. TLF will make commercially reasonable efforts to honor such requests.

Photographs
Users may have the opportunity to submit photographs to the Sites for product promotions, contests, and other purposes to be disclosed at the time of request. In these circumstances, the Sites are designed to allow the public to view, download, save, and otherwise access the photographs posted. By submitting a photograph, users waive any privacy expectations users have with respect to the security of such photographs, and TLF’s use or exploitation of users’ likeness.  You may submit a photograph only if you are the copyright holder or if you are authorized to do so under license by the copyright holder, and by submitting a photograph you agree to indemnify and hold TLF, its directors, officers, employees and agents harmless from any claims arising out of your submission.  By submitting a photograph, you grant TLF a perpetual, worldwide, royalty-free license to use the photograph in any media now known of hereinafter invented for any business purpose that TLF, at its sole discretion, may decide.

Links to Third-Party Sites and Services
The Sites may permit you to access or link to third party websites and information on the Internet, and other websites may contain links to the Sites. When a user uses these links, the user leaves the Sites. TLF has not reviewed all of these third party sites, does not control, and is not responsible for, any of the third party sites, their content or privacy practices. The privacy and security practices of websites accessed from the Sites are not covered by this Privacy Policy, and TLF is not responsible for the privacy or security practices or the content of such websites, including but not limited to the third party services you access through TLF. If a user decides to access any of the linked sites, TLF encourages the user to read their privacy statements. The user accesses such sites at user’s own risk.

We may receive information when you use your account to log into a third-party site or application in order to recommend tailored content or advertising to you and to improve your user experience on our site. We may provide reports containing aggregated impression information to third parties to measure Internet traffic and usage patterns.

Service Orders
To purchase services, users may be asked to be directed to a third party site, such as PayPal, to pay for their purchases. If applicable, the third party site may collect payment information directly to facilitate a transaction. TLF will only record the result of the transaction and any references to the transaction record provided by the third party site.  TLF is not responsible for the services provided or information collected on such third party sites.

Sharing of Information
TLF may disclose personal or aggregate information that is associated with your profile as described in this Privacy Policy, as permitted by law or as reasonably necessary to: (1) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) investigate and enforce this Privacy Policy or our then-current Terms of Use, if any; (3) respond to claims of a violation of the rights of third parties; (4) respond to customer service inquiries; (5) protect the rights, property, or safety of TLF, our users, or the public; or (6) as part of the sale of all or a portion of the assets of TLF or as a change in control of the organization or one of its affiliates or in preparation for any of these events.  TLF reserves the right to supply any such information to any organization into which TLF may merge in the future or to which it may make any transfer.  Any third party to which TLF transfers or sells all or any of its assets will have the right to use the personal and other information that you provide in the manner set out in this Privacy Policy.

Is Information About Me Secure?
To keep your information safe, prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, TLF implements industry-standard physical, electronic, and managerial procedures to safeguard and secure the information TLF collects. However, TLF does not guarantee that unauthorized third parties will never defeat measures taken to prevent improper use of personally identifiable information.

Internal TLF access to users’ nonpublic personally identifiable information is restricted to TLF and Linux Foundation personnel, including contractors for each such organization on a need-to-know basis.

User passwords are keys to accounts. Use unique numbers, letters, and special characters for passwords and do not disclose passwords to other people in order to prevent loss of account control. Users are responsible for all actions taken in their accounts. Notify TLF of any password compromises, and change passwords periodically to maintain account protection.

In the event TLF becomes aware that the security of a Site has been compromised or user’s personally identifiable information has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, TLF reserves the right to take reasonable appropriate measures, including but not limited to, investigation and reporting, and notification to and cooperation with law enforcement authorities.

While our aim is to keep data from unauthorized or unsafe access, modification or destructions, no method of transmission on the Internet, or method of electronic storage, is 100% secure and we cannot guarantee its absolute security.

Data Protection 
Given the international scope of TLF, personal information may be visible to persons outside your country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuring an adequate level of protection for such information.  If you are unsure whether this privacy statement is in conflict with applicable local rules, you should not submit your information.  If you are located within the European Union, you should note that your information will be transferred to the United States, which is deemed by the European Union to have inadequate data protection.  Nevertheless, in accordance with local laws implementing the European Union Privacy Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data, individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this Privacy Policy and to its transfer to and/or storage in the United States of America. By utilizing any Site and/or directly providing personal information to us, you hereby agree to and acknowledge your understanding of the terms of this Privacy Policy, and consent to have your personal data transferred to and processed in the United States and/or in other jurisdictions as determined by TLF, notwithstanding your country of origin, or country, state and/or province of residence.  If you do not want your personal information collected and used by TLF, please do not visit or use the Sites.

Governing Law
This Privacy Policy is governed by the laws of the State of California, United States of America without giving any effect to the principles of conflict of law.

California Privacy Rights
The California Online Privacy Protection Action (“CalOPPA”) permits customers who are California residents and who have provided TLF with “personal information” as defined in CalOPPA to request certain information about the disclosure of information to third parties for their direct marketing purposes. If you are a California resident with a question regarding this provision, please contact privacy@linuxfoundation.org.

Please note that TLF does not respond to “do not track” signals or other similar mechanisms intended to allow California residents to opt-out of Internet tracking under CalOPPA.  TLF may track and/or disclose your online activities over time and across different websites to third parties when you use our services.

What to Do in the Event of Lost or Stolen Information
You must promptly notify us if you become aware that any information provided by or submitted to our Site or through our Product is lost, stolen, or used without permission at privacy@linuxfoundation.org.

Questions or Concerns
If you have any questions or concerns regarding privacy at TLF, please send us a detailed message to privacy [ at ] linuxfoundation.org.