Privacy Policy

Nuanix is built to help businesses work more efficiently without requiring them to give up control of their information. We believe privacy, security, transparency, and customer control should be fundamental components of the Services we provide.

Our approach is guided by several principles:

• Your business data remains your business data.
• We do not sell Customer Data.
• We do not use Customer Data to independently market to our customers' customers, leads, or prospects.
• We do not use Customer Data to train general-purpose AI models without authorization.
• We limit access to Customer Data to what is reasonably necessary to provide, support, secure, and improve the Services.
• We believe individuals should receive appropriate transparency when interacting with automated or AI-powered services.

These principles are subject to the more detailed provisions of this Privacy Policy, our agreements with customers, and applicable law.

The information Nuanix collects depends on how an individual or business interacts with us and which Services a customer chooses to use.

Information You Provide to Nuanix

When you establish an account, purchase Services, communicate with us, request information, complete onboarding, or otherwise interact with Nuanix, you may provide information such as your name, email address, telephone number, company or brokerage name, job title, account information, business preferences, and other contact or professional information.

Customers may also provide business instructions, workflow configurations, documents, content, customer-support inquiries, and other information necessary for Nuanix to configure and provide the Services.

Customer and CRM Data

A significant part of the Nuanix platform involves connecting our Services to systems and information selected by our customers. Depending on the Services and integrations a customer enables, Nuanix may process information contained in CRM systems, customer databases, calendars, email accounts, telephone systems, marketing platforms, social media platforms, websites, forms, documents, files, and other business applications.

This information may include data relating to the customer's own customers, prospects, leads, employees, contractors, vendors, or other third parties.

Nuanix processes this information for the purpose of providing the Services requested and configured by the customer.

Communications Data

Certain Nuanix Services may facilitate communications on behalf of our customers. For example, a customer may configure a Nuanix assistant to answer telephone calls, respond to inquiries, follow up with leads, schedule appointments, or communicate through email or text messaging.

Depending upon the Services selected and the customer's configuration, Nuanix may therefore process telephone numbers, incoming and outgoing call information, voicemail, call metadata, call recordings where enabled and permitted, transcripts, emails, text or SMS/MMS messages, communication histories, contact preferences, and information provided during those communications.

Information Collected Automatically

When individuals access our website, applications, or Services, Nuanix and our service providers may automatically collect technical and usage information. This may include IP address, browser type, device information, operating system, pages or features accessed, login activity, dates and times of access, referring URLs, online identifiers, diagnostic information, performance information, and information collected through cookies or similar technologies.

We generally use this information to operate and secure our systems, understand how the Services are being used, troubleshoot problems, improve performance, and improve the user experience.

Nuanix may obtain personal information directly from individuals, from our business customers, from customer-authorized integrations, and from service providers or business partners involved in providing the Services.

We may also receive information from CRM and business systems selected by customers, communications platforms, publicly available sources, and automatically through interactions with Nuanix websites and Services.

When a customer provides information to Nuanix or authorizes Nuanix to access another system, the customer is responsible for ensuring that it has the rights, authority, notices, permissions, and consents necessary to provide or make that information available to Nuanix.

Depending upon the Services used, Nuanix may process the following categories of personal information:

The specific information Nuanix processes depends upon the customer, the Services selected, the customer's configuration, and the integrations the customer chooses to enable.

Nuanix uses personal information primarily to provide, operate, maintain, secure, and improve our Services. This includes establishing and administering customer accounts, configuring Nuanix assistants, executing customer-authorized workflows, integrating with third-party platforms selected by customers, and providing onboarding, training, customer support, and technical assistance.

Where authorized by a customer, information may also be used to enable Nuanix assistants to communicate with leads, prospects, customers, or other individuals; schedule appointments; manage workflows; update authorized systems; create or assist with content; analyze business information; and perform other functions included within the Services selected by the customer.

We may use information to process subscriptions and transactions, administer customer relationships, communicate about accounts and Services, monitor system performance, troubleshoot problems, and develop or improve Nuanix products and functionality.

Nuanix may also process information when reasonably necessary to detect or prevent fraud, misuse, security incidents, or unlawful activity; maintain the security and integrity of our Services; enforce our agreements and policies; comply with legal obligations; and protect Nuanix, our customers, users, and others.

We seek to collect, use, and retain personal information in a manner reasonably necessary and proportionate to the purposes for which it was collected or processed.

Nuanix provides technology that allows customers to connect business systems, information, and communications to our Services. As a result, our customers play an important role in determining what information Nuanix processes and how the Services are configured.

Customers are responsible for ensuring that they have the legal right and authority to provide information to Nuanix and to authorize Nuanix to process that information on their behalf. Customers are also responsible for providing any required notices and obtaining any permissions or consents necessary for Nuanix to access, process, communicate with, or otherwise use information relating to their customers, prospects, leads, employees, contractors, vendors, or other third parties.

Customers are responsible for configuring and using the Services in compliance with applicable laws, regulations, contractual requirements, and industry obligations.

Additional responsibilities regarding Customer Data may be established in the applicable Nuanix customer agreement or Data Processing Addendum.

Artificial intelligence and automation are important components of certain Nuanix Services. Depending upon the Services selected, these technologies may support digital assistants, telephone and receptionist functions, lead engagement and follow-up, scheduling, email and text communications, marketing assistance, content creation, customer engagement, workflow automation, data analysis, reporting, and task management.

To provide these capabilities, information may be processed by Nuanix systems or transmitted to third-party technology providers, including AI model providers, infrastructure providers, communications platforms, and integration partners. Nuanix seeks to limit this processing to what is reasonably necessary to provide, operate, secure, and support the applicable Services.

AI Transparency

Nuanix Services may use automated or AI-powered assistants to interact directly with individuals. Where required by applicable law, Nuanix and/or the applicable customer will provide appropriate notice that an individual is interacting with an automated or AI-powered system.

Customer Data and AI Training

Nuanix does not use Customer Data to train general-purpose artificial intelligence models unless expressly authorized by the customer.

Where third-party AI providers process Customer Data as part of the Nuanix Services, Nuanix seeks to use commercial or enterprise services that provide appropriate contractual, confidentiality, privacy, and security protections.

Nuanix may use aggregated, statistical, or de-identified information that does not reasonably identify an individual or customer to understand service performance, improve our Services, and develop new functionality, subject to applicable law and our contractual obligations.

AI-Generated Content

AI systems can sometimes produce inaccurate, incomplete, unexpected, or inappropriate results. Customers remain responsible for reviewing AI-generated outputs where appropriate and determining whether those outputs are suitable for their intended use.

Nuanix may provide review, approval, escalation, or other oversight mechanisms as part of certain Services.

Nuanix is designed around the principle that customers should maintain appropriate control over the technology performing work on their behalf.

Depending upon the Services selected and the customer's configuration, Nuanix may provide tools that allow customers to review or approve content, modify communications, configure assistant behavior, establish workflows, control integrations, escalate activities to a human user, or enable and disable particular Services.

The availability and operation of these controls vary by product, configuration, and customer agreement. Certain Services may operate with greater levels of automation when specifically configured or authorized by the customer.

Certain Nuanix Services may communicate with individuals through telephone calls, text messages, email, or other communication channels on behalf of Nuanix customers.

Depending upon the Services selected, customer configuration, and applicable law, Nuanix may process call audio, recordings, transcripts, voicemail, text messages, emails, and related communication information in order to perform the requested Services.

Customers are responsible for ensuring that their use of these features complies with applicable laws governing telephone communications, call recording, consent, text messaging, automated communications, email marketing, telemarketing, do-not-call requirements, and similar activities.

Where applicable law requires notice or consent before a communication may be recorded or an automated communication initiated, the customer is responsible for ensuring the appropriate requirements are satisfied, except to the extent Nuanix has expressly agreed in writing to provide a particular compliance mechanism as part of the Services.

Nuanix does not require customers to provide sensitive personal information unless such information is reasonably necessary to provide an authorized Service.

Customers should avoid providing highly sensitive information that is unnecessary for the requested Services. Depending upon the systems connected to Nuanix, sensitive information could potentially include account credentials, private communications, financial information, or other information receiving heightened protection under applicable law.

When Nuanix processes sensitive personal information, we seek to limit its use to purposes reasonably necessary to provide, secure, support, or maintain the Services, comply with applicable legal requirements, or fulfill other purposes permitted by law.

Individuals may have additional rights regarding sensitive personal information depending upon the laws applicable to them.

Nuanix primarily provides Services to businesses and organizations. As a result, much of the personal information processed through the Nuanix platform may relate to individuals who are customers, prospects, leads, employees, or other contacts of a Nuanix business customer.

When Nuanix processes personal information on behalf of a customer, the customer generally determines why and how that information is used, while Nuanix processes the information to provide the contracted Services and according to applicable customer instructions.

For example, a real estate professional or brokerage may use Nuanix to communicate with prospective buyers or sellers, manage leads, schedule appointments, or support marketing activities. In those circumstances, the real estate professional or brokerage may control the underlying relationship with the individual, while Nuanix provides technology and services on its behalf.

If you submit a privacy request concerning information that Nuanix processes solely on behalf of one of our customers, we may direct you to the applicable customer. Nuanix will reasonably assist our customers in fulfilling applicable privacy obligations as required by law and our agreements.

Nuanix does not acquire ownership of Customer Data merely because that information is processed through our Services.

Nuanix does not disclose personal information indiscriminately. We may disclose information to third parties where reasonably necessary to provide our Services, operate our business, comply with legal obligations, or protect Nuanix and our users.

Service Providers and Technology Partners

Nuanix relies on service providers to support functions such as cloud infrastructure, artificial intelligence, communications, software infrastructure, cybersecurity, analytics, customer support, and payment processing.

These providers may process information on Nuanix's behalf to perform the services for which they have been engaged. Where appropriate, Nuanix seeks to impose contractual confidentiality, security, privacy, and use restrictions on providers handling Customer Data.

Customer-Authorized Integrations

Customers may choose to connect Nuanix with third-party services such as CRM systems, calendars, telephone systems, email providers, marketing platforms, social media accounts, and other business applications.

When a customer authorizes an integration, Nuanix may exchange information with that third-party service as reasonably necessary to provide the requested functionality.

Business and Channel Partners

Nuanix may provide Services through authorized resellers, white-label relationships, integration partners, or other commercial arrangements. In those circumstances, information may be disclosed to the applicable partner when reasonably necessary to establish, provide, administer, or support the Services.

Corporate Transactions

If Nuanix participates in a merger, acquisition, financing, restructuring, sale of assets, bankruptcy, or similar corporate transaction, information may be disclosed or transferred as part of that transaction, subject to applicable legal requirements.

Legal, Security and Safety Requirements

Nuanix may disclose information when we reasonably believe disclosure is necessary to comply with applicable law, regulation, subpoena, court order, or other legal process; enforce our agreements; investigate fraud, abuse, or security incidents; protect our legal rights; or protect the rights, property, or safety of Nuanix, our customers, users, or others.

Nuanix does not sell Customer Data.

Our business model is based upon providing Services to customers, not selling their business information. Nuanix also does not use Customer Data to independently market competing products or services to our customers' customers, leads, or prospects.

Nuanix does not sell personal information for monetary consideration as part of our ordinary business model.

Certain website analytics, advertising, or marketing technologies may nevertheless constitute “selling,” “sharing,” targeted advertising, or similar activity under particular privacy laws even where no money is exchanged. If Nuanix engages in activities that are legally considered a sale or sharing of personal information, we will provide the notices, choices, and opt-out mechanisms required by applicable law.

Payments for Nuanix Services may be processed through third-party payment processors, including Stripe.

Payment processors may collect payment card, bank, billing, and related financial information directly from customers. Nuanix generally does not store complete payment card numbers.

Information provided directly to a payment processor is also subject to that provider's applicable privacy practices and terms.

Nuanix and our service providers may use cookies, pixels, local storage, analytics technologies, and similar tools to operate our website and Services, authenticate users, remember preferences, understand product usage, improve performance, diagnose technical problems, measure marketing effectiveness, and protect against fraud or security threats.

Some technologies are necessary for the website or Services to function properly, while others may support analytics, personalization, or marketing.

Where required by applicable law, Nuanix will provide appropriate notices and choices regarding non-essential cookies and similar technologies. Users may also be able to control certain cookies through their browser settings.

Additional information may be provided through a Nuanix Cookie Policy or website cookie-management tool.

Nuanix retains personal information only for as long as reasonably necessary to accomplish the purposes for which it was collected or processed.

The appropriate retention period may depend on the nature and sensitivity of the information, the Services being provided, customer instructions, contractual requirements, security considerations, applicable statutes of limitation, legal and regulatory obligations, dispute-resolution needs, and legitimate business recordkeeping requirements.

Customer Data may also be subject to specific retention or deletion requirements established in the customer's agreement with Nuanix.

When information is no longer reasonably required, Nuanix may delete, anonymize, de-identify, or securely dispose of the information in accordance with our applicable practices and legal obligations.

Nuanix takes reasonable measures designed to protect personal information against unauthorized access, acquisition, use, disclosure, alteration, loss, misuse, or destruction.

Our safeguards may include administrative, technical, and organizational measures such as access controls, authentication, encryption where appropriate, system monitoring, logging, security testing, vendor management, incident-response practices, and other measures appropriate to the nature of the information and Services involved.

Nuanix also seeks to limit access to Customer Data to personnel, systems, and service providers that reasonably require access to perform authorized functions.

No internet transmission, information system, or storage technology can be guaranteed to be completely secure. Accordingly, although Nuanix takes measures designed to protect information, we cannot guarantee absolute security.

Privacy rights vary depending upon where an individual resides and the laws applicable to Nuanix's processing of that individual's information.

Depending upon applicable law, individuals may have rights to:

• Know or obtain information about personal information we process;
• Access certain personal information;
• Correct inaccurate personal information;
• Request deletion of certain personal information;
• Obtain a portable copy of certain information;
• Opt out of certain sales or sharing of personal information;
• Opt out of certain targeted advertising or profiling activities;
• Limit certain uses of sensitive personal information;
• Withdraw consent where processing is based on consent; and
• Appeal certain decisions relating to privacy requests.

Nuanix will not unlawfully discriminate against an individual for exercising applicable privacy rights.

To exercise an applicable privacy right, contact us at privacy@nuanix.com or use a privacy request mechanism made available through Nuanix.com.

We may request information reasonably necessary to verify the identity or authority of the person making the request. Authorized agents may submit requests where permitted by applicable law.

If the information at issue is processed by Nuanix solely on behalf of a business customer, we may direct the individual to that customer.

California residents may have additional rights under the California Consumer Privacy Act, as amended (“CCPA”), if and when Nuanix is subject to its applicable requirements.

Depending upon the circumstances, these rights may include the ability to request information regarding categories or specific pieces of personal information collected, access personal information, correct inaccurate information, request deletion of certain information, and obtain information regarding how personal information is collected, used, disclosed, and retained.

California law may also provide qualifying individuals with rights to opt out of the sale or sharing of personal information and to limit certain uses and disclosures of sensitive personal information.

Where required by applicable law, Nuanix will honor qualifying opt-out preference signals, including Global Privacy Control, and provide appropriate privacy notices and choice mechanisms.

Nuanix will not unlawfully discriminate against California residents for exercising applicable privacy rights.

Individuals may contact Nuanix regarding privacy rights, questions, or concerns at:

privacy@nuanix.com

Nuanix may also provide a Privacy Center or privacy request form through Nuanix.com.

Depending upon the nature of the request and applicable law, we may need to verify an individual's identity or authority before fulfilling a request. Verification helps protect personal information from unauthorized access, deletion, or disclosure.

We will respond to verified requests within the time periods required by applicable law.

Where Nuanix processes information on behalf of a customer, we may forward the request to or direct the individual to the applicable customer.

Nuanix Services are intended primarily for businesses and adults and are not directed to children under 13.

Nuanix does not knowingly collect personal information directly from children under 13 through our website or Services. If we become aware that we have collected such information in violation of applicable law, we will take reasonable steps to delete it.

Customers may not knowingly use Nuanix Services to collect or process children's personal information except where permitted by applicable law and expressly authorized under their agreement with Nuanix.

Nuanix Services may contain links to or integrations with third-party websites, platforms, applications, and services.

When a customer or user chooses to interact with an independent third-party service, that third party may collect and process information according to its own privacy policies and terms. Nuanix does not control the privacy practices of independent third parties.

We encourage customers and users to review the privacy practices of third-party services before providing personal information or authorizing an integration.

Nuanix is based in the United States, and our Services may be supported by providers operating in the United States and other jurisdictions.

If you access or use the Services from outside the United States, information may be transferred to, processed, and stored in the United States or other countries whose privacy and data protection laws may differ from those in your jurisdiction.

Where required by applicable law, Nuanix will use appropriate safeguards relating to international transfers of personal information.

Individuals may opt out of applicable marketing communications by using the unsubscribe or opt-out instructions contained in the communication or by contacting the responsible Nuanix customer or Nuanix, as applicable.

Opting out of marketing communications does not necessarily prevent transactional, service-related, account, security, or other non-marketing communications that are necessary to provide Services or maintain an account.

When Nuanix communicates on behalf of a customer, the customer may be responsible for maintaining and honoring the individual's communication preferences.

For many Nuanix Services, Nuanix processes personal information on behalf of business customers. Depending upon applicable law, the customer may act as the “controller,” “business,” or similar responsible party, while Nuanix may act as a “processor,” “service provider,” or similar entity.

In these circumstances, Nuanix generally processes Customer Data according to the customer's instructions, the applicable agreement, and applicable law rather than independently determining the purposes for which the information will be used.

Where appropriate, Nuanix and its customers may enter into a Data Processing Addendum (“DPA”) establishing additional requirements relating to processing instructions, confidentiality, security, subprocessors, privacy requests, data retention and deletion, security incidents, international transfers, and other data-protection requirements.

Nothing in this Privacy Policy changes the respective contractual responsibilities established between Nuanix and a customer.

Nuanix may update this Privacy Policy from time to time to reflect changes in our Services, technology, business practices, legal requirements, or privacy practices.

When we update this Privacy Policy, we will revise the “Last Updated” date shown at the top of the policy.

If a change materially affects how we collect or use personal information, Nuanix will provide additional notice or obtain consent where required by applicable law.

We encourage customers and users to review this Privacy Policy periodically.

If you have questions about this Privacy Policy, Nuanix's privacy practices, or personal information processed by Nuanix, please contact us: