Privacy Policy

This page was last updated on May 3, 2021. We may update this policy from time to time. We will publish updates of this policy on this page along with the date of the update.

NeoPhotonics Corporation (“NeoPhotonics”, “we”, “our”, or “us”) is committed to protecting your privacy and your data. This Privacy Policy seeks to explain what personal information we collect, how we use it, who we share it with, and what rights you have when you use our website and services. Please contact us at privacy@neophotonics.com If you have any questions or concerns about this privacy notice, or our practices with regards to our practices with your personal information. Please discontinue the use our website and services immediately if you do not agree with any of the terms in this Privacy Policy.

Please read this Privacy Policy carefully to help you understand what we do with the information we collect.

Contents
What is Personal Information?
What Personal Information do you collect about me, when, and why?
With whom do we share your Personal Information?
What do you do with my Personal Information?
How long do you keep my Personal Information?
My rights
Security
Links to Other Websites
Changes to our Privacy Policy
Contact Us

What is Personal Information? When we use the term Personal Information, we mean information that can be used to identify a person. Some obvious examples include your name, address, telephone number, mobile number, and e-mail address. Other examples of Personal Information include your IP address, geographic location, website preferences, and demographic information when such information is connected with other Personal Information that identifies you such as your name or address. Personal Information does not include “aggregate” information, which is data we collect that is combined with information about how others use our Services and from which individual identities or other Personal Information has been removed. This Privacy Policy in no way restricts or limits our collection and use of aggregate information.

What Personal Information do you collect about me, when, and why?

Personal Information we get from you directly. You give us Personal Information about you when you fill in forms on our website or when you correspond with us by phone, e-mail or otherwise. The information you give us may include your name, address, e-mail address, phone number, Where you work, your job title, and educational and employment history (for example, if inquiring about or applying for a job). You may provide Personal Information when you request product information or quotes for products, subscribe to our blog, download white papers, register to use our careers page, participate in social media functions linked with our website and when you report a problem with our website.

We use the Personal Information you provide to respond to your request and communicate with you. We also may use the Personal Information you provide to inform you of products, events, publications, and the like that might be of interest to you.

Personal Information automatically collected. We automatically collect information about you when you visit our website by using Internet “cookie” technology and Internet Protocol (“IP”) addresses. Cookies are small text files downloaded by your browser onto your computer or device. You can disable or block cookies through your website browser. For more information about cookies in general, the cookies we use, and how you can manage cookies on your devices, please see our Cookie Policy.
An IP address is a number that is assigned to your computer automatically when you use the Internet. IP addresses may provide details of your domain name and general location.

We use the Personal Information we automatically collect from cookies and IP addresses to review our users’ preferences, demographics, traffic patterns, and other information in the aggregate so that we can better understand our audience and our users’ desires.

With whom do we share your Personal Information?

In general, NeoPhotonics does not disclose your personal information to third parties except as provided in this Privacy Policy.

Internally. We share your Personal Information internally. For example, when a potential customer visits our website, Personal Information may be shared with Sales, Customer Service, and Engineering. Similarly, when you apply for a job, we share your resume with the hiring team. When sharing Personal Information internally, this may include sharing information among our affiliates who are located in different countries whose data protection and privacy laws that differ from your country.

Suppliers, service providers, contractors. NeoPhotonics may disclose your Personal Data in the ordinary course of business such as when we share information with our service providers, suppliers, subcontractors, and similar third parties who provide services to us, or act on our behalf. For example, we may engage marketing firms, database service providers, backup and disaster recovery service providers, email service providers employee benefits providers, web analytics services, website hosting services, cloud computing services, and others. Our contracts with these service providers prohibit them from using or sharing with others, for other purposes other than as directed by us, the information that we provide to them, or that they collect directly from our users.

By law. NeoPhotonics will disclose your personal information to third parties when we believe in good faith (i) that any applicable law, regulation, or legal process requires it; (ii) that disclosure is necessary to protect or enforce our rights or the rights of another user; or (iii) that disclosure is necessary to prevent loss of life or injury, or damage to property.

Law enforcement or legal proceedings. We may disclose your Personal Information to comply with our legal obligations, judicial or regulatory proceedings, a court order, or other legal proceeding.

Mergers and Acquisitions. In the event that we sell or buy any business or assets, or if NeoPhotonics, or substantially all of its assets are acquired by a third party, the relevant Personal Data held by us will be one of the transferred assets.

Aggregated, statistical information. NeoPhotonics may disclose aggregated and non-personally identifiable user statistics to prospective partners, advertisers and other third parties, as well as to offer new products to NeoPhotonics’ customers or enable NeoPhotonics partners to do so. Aggregated data and non-personally identifiable information is not traceable to you specifically. NeoPhotonics assumes no responsibility or liability for any third-party policies or the actions of third parties.

Social media. If you connect or integrate any social media services with the Services we provide, you may receive social notifications either from us or from third-party companies providing social media services. You can manage these social notifications by changing your privacy settings on the relevant social media site or by discontinuing any interaction with the third-party site. If you register and provide information to a forum or blog, the information you provide will be published for anyone to see. Where you create a connection between our Services and third-party sites, we may collect, use, disclose, transfer and store or retain information relating to your account with such third-party services in accordance with this Privacy Policy.

What do you do with my Personal Information?
We use the information collected from users or their device as described above for the following purposes:

• to respond to questions and other requests for information made through the Services;
• to send administrative information;
• to send marketing information, legal updates, or invitations to events that we think may be of interest;
• to send communications that a user has requested or that may be of interest to that user in accordance with the user’s preferences or apparent interests;
• to keep records of contact information and correspondence;
• to operate our website;
• to remember a user’s preference, such as language, font size, when using our website;
• to allow a user to navigate or browse through our website quickly and efficiently;
• to improve user experience, such as by personalizing content to a user’s preferences or interests;
• to administer our website, diagnose technical problems, and otherwise manage our business; in the case of IP address, to derive approximate location of each user, to calculate usage levels, diagnose server problems, and in general to administer the Service;
• for our business purposes, such as to perform data analysis, audits, security and fraud monitoring and prevention; to enhance, improve, or modify our Services, or identify usage trends;
• to analyze data and trends by aggregating information (see section above on “Aggregated, Statistical Information”)
• to respond to your emails, submissions, comments, requests or complaints;
• to fulfill any other purpose for which you provide it; and
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection in any other way we may describe when you provide the information.

Is your information transferred internationally?
Our servers are hosted in the United States. If you are accessing our services from outside the United States, please be aware that your information is transferred to, stored, and processed in our facilities and third parties with whom we share your Personal Information.

If you are a resident of the European Union (EU) or the European Economic Area (EEA), Switzerland, and the United Kingdom, please note that due to differing laws and legal practice in the United States, law enforcement agencies may have access to your Personal Information. We will however take necessary measures to protect your information in accordance with this Privacy Policy.

How long do you keep my Personal Information?
We retain information about users for as long as necessary to perform the activities described in this Privacy Notice or comply with a legal request unless a longer retention period is required or permitted under applicable law. We may need to retain certain information for record keeping purposes and/or to complete any transaction that you began before requesting a change or deletion. In addition, it is likely that residual information might remain within our databases, back-ups or other records and might not be removed.

We may choose to anonymize some of the information in our custody so that it can no longer be attributed to a particular individual if we would like to retain it for longer periods of time.

My rights
You can access and control the Personal Information we have obtained from or about you.  Please contact us at privacy@neophotonics.com or write to us at the address below on this page for your requests. We will comply with your request without undue delay in alignment with the time limits specified by the applicable data protection laws.

Your rights to access

• You have a right to a copy of the Personal Information we hold about you as well as what we do with the information, with whom we share it and how long we keep it. Your first copy is free.
• Correct or amend. You have a right to have inaccurate information about you corrected. You also have the right to add, change, or update any Personal Information we hold about you.
• DeletionYou have a right to have your information deleted in some circumstances. After your information is deleted, residual information may remain in our archives and records, but this information will not be used for a commercial purpose.
• Withdraw consent. If we obtained your consent to use your personal data, you can withdraw your consent at any time. You can also object to or restrict our use of your Personal Information at any time.

Your right to unsubscribe
If you receive marketing communications from us, you have the right to unsubscribe at any time. To unsubscribe, contact us at privacy@neophotonics.com. If you unsubscribe, this will not affect our ability to send you service and account related emails, or other non-promotional emails, or to use your Personal Information as otherwise described in this Policy.

California Consumer Privacy Act (CCPA) Privacy Notice
Individuals who are domiciled in the state of California and all others who reside there are granted specific rights regarding access to Personal Information we have collected in the past 12 months. These rights do not apply to anyone in California that are there for temporary or transient purposes.

Please note that we do not sell, rent, or share Personal Information with third parties for their own commercial purposes. We do however share your personal information with our service providers pursuant to a written contract that process data on our behalf.

The following table summarizes the categories of Personal Information we have collected in the past 12 months:

NeoPhotonics has shared the following categories of Personal Information in the preceding twelve (12) months for the following business purposes.
• Category A. Identifiers – to benefits providers.
• Category F. Internet and similar network activities – to operate and optimize our website.
• Category I. Employment and professional information – to keep you updated on product information at a business level and professional qualifications if you apply for a job with us.
The categories of third parties we have shared your data with can be found in “With whom do we share your Personal Information?” section.

CCPA rights
As a California resident you have the following rights

• The right to know:
  • Whether we collect and use your personal information.
  • The categories of data collected and the collection purposes.
  • Whether the data is sold or shared with third parties
  • The categories of personal information that we sold or disclosed.
  • The categories of third parties that the data was sold or disclosed to.

• The right to opt in or out of marketing, analytics, and other similar activities.
• The right to equal services without discrimination upon opting out.
• The right to request deletion of personal data subject to certain exemptions.
• Object to processing of data.
• Correction or amendment of data
• Designate an authorized agent to request your rights on your behalf.

Verification Process
Upon receipt of your request, we will verify your identity. We may ask you to provide certain information we have on file so we may match it with the information you provided to us. We may contact you via the communication method (phone or email) that you provided. We may ask you to verify your email by acknowledging a confirmation email we send to your inbox. We may also deny request from an authorized agent that is unable to verify they have been validly authorized to act on your behalf in accordance with the CCPA.

You can reach us at the contact information below to exercise your CCPA rights.

Security
We seek to use reasonable technical, organizational, and administrative measures to protect user information within our organization against unauthorized or unlawful access or processing, and against accidental loss, destruction, or damage. We believe that these measures are reasonably adapted to the nature of the information in our custody.

However, even though NeoPhotonics makes reasonable efforts to protect information in its custody, no data storage or transmission over the Internet and no security system is fully secure. Thus, we cannot guarantee the security of any information we may have collected or received from you or transmitted to you.

If you believe your information is not secure due to a problem in our systems, please immediately notify us at privacy@neophotonics.com or write to us at the address below on this page.

Data Collection from Minors
Our Services are not intended for minors under 18 years of age. We do not knowingly solicit or collect data or market to minors. Please discontinue the use of this website and our services if you are under 18. If you believe we might have any information from, or about a child under 18, please contact us at privacy@neophotonics.com or write to us at the address below on this page. We will delete the information upon verification.

Links to Other Websites
Our web site may contain links to other web sites. Any Personal Information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We are not responsible for the content or privacy and security practices and policies of web sites to which we link. Links from our web site to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Information.

Changes to our Privacy Policy
Our Privacy Policy may change from time to time. Please visit this page regularly to learn about our current Privacy Policy, including the date of the most recent change. We will notify you according to the applicable laws. Your continued use of the Services after we make changes will constitute acceptance of those changes, so please check for updates.

Contact Us.
You can contact us via email at privacy@neophotonics.com.

If you wish to write us or call us, please do us at:
NeoPhotonics Corporation
Attention Legal/Privacy
3081 Zanker Road
San Jose, CA 95134, USA
Telephone: +1.408.232.9200
Fax: +1.408.433.4898