SPLUNK WEBSITES TERMS AND CONDITIONS OF USE

LAST UPDATED: September 21, 2015

Splunk Inc., a Delaware corporation with a principal place of business at 250 Brannan Street, San Francisco, California, and its affiliates and subsidiaries (collectively, “Splunk”) makes information, products, and services available on this website (the “Site”), subject to the following terms and conditions of use (“Terms”). Before using this Site, please read these Terms carefully. Throughout the Terms, “we”, “us” and “our” refer to Splunk, and “you” or “your” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access this Site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access the Site.

1. ACCEPTANCE OF TERMS

By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site. Splunk provides the information, products and services on the Site to you, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of the Site constitutes your agreement with such Terms.


We reserve the right to change these Terms, in whole or in part, in our own discretion at any time. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Such modifications shall be effective immediately upon the linking of modified Terms to the Site, and, if you possess an account through the Site for which you have provided an e-mail address (“Account”), by communicating the modifications to you either

(i) when you log in to the Site or

(ii) by sending the modifications to the e-mail address that you have provided to us.

You agree to comply with, and be bound by, any such modifications

(i) by continuing to use or access the Site after modified Terms are posted to the Site or

(ii) if you possess an Account, by not requesting to terminate your Account within seven (7) days after receiving a notice of modifications as described above.


In addition, your use of a particular Splunk service may be subject to specific guidelines or rules (“Service-specific Rules”) posted from time to time and incorporated by this reference into the Terms. If you do not accept our Terms or any Service-specific Rules, you should refrain from accessing the Site and its services. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that service and include a link to the previous version of the terms or rules.

Splunk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service (or any part thereof). Splunk shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. U.S.-BASED WEBSITE

The Site is controlled and operated by Splunk from the United States, and, except as expressly set forth herein, is not intended to subject Splunk to the laws or jurisdiction of any state, country or territory other than that of the United States. Splunk does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Splunk may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction Splunk chooses, at any time and in Splunk’s sole discretion. By using the Site, you hereby certify that you are not (a) a citizen or permanent resident of any country on which the United States has embargoed goods, technology and/or services (e.g., Cuba, Iran, North Korea, Sudan, Syria, or Crimea), and (b) on any of the relevant U.S. Government Lists of prohibited or restricted persons, including but not limited to the Treasury Department's List of Specially Designated Nationals, and the Commerce Department's List of Denied Persons or Entity List, and that your use of Splunk products and services is in compliance with the applicable U.S. export control and economic sanctions laws and regulations. For further information on the export controls and sanctions laws see, http://www.bis.doc.gov/index.htm and http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx.

3. REGISTRATION

You may be required to register with Splunk in order to access certain areas of the Site. In the course of registration, you must:

(a) provide true, accurate, current and complete information on the registration form and

(b) maintain and promptly update such registration information as necessary.
If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Site (or any portion thereof) by that user. You may not use a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Splunk rejects for any other reason in its sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to lend or transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interactions with the Site that occur in connection with your password or user name. You agree to notify Splunk immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. Splunk is not liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to

(a) immediately notify Splunk of any unauthorized use of his or her password or account or any other breach of security and

(b) ensure that he or she “logs off”/exits from his or her account at the end of each session.

4. PROPRIETARY RIGHTS; LICENSE GRANTS

4.1. Software. Any software that is made available to download by or through this Site (“Software”) is the copyrighted work of Splunk, its suppliers and/or its licensors. Your rights to access, download, and use any Software made available for download from the Site will be subject to your agreement to the terms and conditions of the software license agreement identified on the site and/or in the Software (each, a “License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement. Except to the extent expressly permitted in any applicable License Agreement, or expressly authorized under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software. Any reproduction, redistribution or other use or exploitation of the Software not in accordance with the License Agreement and/or these Terms is expressly prohibited by law, and may result in civil and criminal penalties.

4.2. Content. Unless otherwise specifically noted, the information, content, data, text, graphics, images, videos, documents and other materials made available through the Site (“Content”) are and shall remain the property of Splunk, its licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, solely for so long as you are permitted by Splunk to access and use the Site, and provided that you keep intact all copyright and other proprietary notices, you may

(a) view any Content on any single computer solely for personal, informational, non-commercial purposes, and

(b) download and print the materials that Splunk specifically makes available for downloading (such as white papers or user documentation) from this Site solely for personal, informational, non-commercial purposes, provided that such Content may not be modified or altered in any way. Unless otherwise specifically permitted for any particular Content, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Site or any Content, in whole or in part, without the express prior written authorization of Splunk.

4.3. Community Content. Your rights to access, use, copy and distribute any user and community-generated information or content (including other users’ Contributions, as defined below, or third-party apps or content made available on apps.splunk.com, dev.splunk.com or answers.splunk.com, collectively “Community Content”) is subject to the relevant terms and conditions or license agreement attached to such Community Content. If there are no specific terms and conditions or license agreement attached to such Community Content, the licenses and restrictions under Section 4.2 above will apply.

4.4. Proprietary Rights. Elements of the Site are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by Splunk. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Splunk’s or its suppliers’ trade names, trademarks or service marks without Splunk’s express prior written consent. “Splunk” and other Splunk logos, trademarks, service marks, and product and service names are the intellectual property of Splunk.


5. INFORMATION SUBMITTED THROUGH THE SITE

Your submission of information through the Site is governed by Splunk’s Privacy Policy (the “Privacy Policy”) and is hereby incorporated into these Terms by this reference. By accepting these Terms you agree to our collection, use, and disclosure of your information as described in the Privacy Policy.

You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Splunk may terminate your use of the Site.

Unless otherwise specifically agreed to by you and Splunk, by uploading, e-mailing, posting, publishing or otherwise transmitting information, sample data, event types, tags, comments, suggestions, content or other materials to the Site or Splunk (each a “Contribution”), you hereby acknowledge that such Contribution is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Splunk a perpetual, irrevocable, world-wide, non-exclusive, sublicensable, fully paid-up and royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish and transmit such Contributions in any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you warrant that all so-called moral rights in the content have been waived. For each Contribution, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and that such Contribution, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.

Splunk will not pre-screen or review Contributions, but Splunk reserves the right to refuse or delete any Contributions in its discretion. You acknowledge and agree that Splunk reserves the right (but has no obligation) to do one or more of the following in its discretion, without notice or attribution to you:

(i) monitor Contributions as well as your access to the Site;

(ii) alter, remove, or refuse to post or allow to be posted any Contribution; and/or

(iii) disclose any Contributions, and the circumstances surrounding their transmission, to any third party in order to operate the Site, in order to protect Splunk, its suppliers or licensees and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Splunk disclaims any responsibility for the Contributions displayed on its Site. Splunk assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Contributions or other user information or personalization settings.

Splunk does not control the Community Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Community Content. Under no circumstances will Splunk be liable in any way for any Community Content, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of such content. By using the Site, you may be exposed to Community Content that is offensive, indecent or objectionable. You must evaluate, and bear all risks associated with, the use of such content, including any reliance on the accuracy, completeness, or usefulness of such content.

6. PURCHASES

If you wish to purchase our products and services, for your convenience, we may provide links on the Site to a web store or e-commerce platform where you can make such purchases. Please be aware that the web store or e-commerce platform may be hosted, operated or managed by a third party, and may be governed by such third party’s website terms and conditions and privacy policy. We encourage you to read carefully those third-party terms and conditions and privacy policy prior to making any purchases. These Terms do not govern, and we are not responsible or liable for, your interaction with such third-party managed web store or e-commerce platform.

7. RULES OF CONDUCT

While using the Site you will comply with all applicable laws, rules and regulations. In addition, Splunk expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Site pursuant to Section 13 (Termination). You agree that you will not:

• Post, transmit, or otherwise make available, through or in connection with the Site:
• Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior written consent of the owner of such right.
  
  • Any material that would give rise to criminal or civil liability   or that encourages conduct that constitutes a criminal offense.
  • Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
  • Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
  • Use the Site for any fraudulent or unlawful purpose.
  • Harvest or collect personally identifiable information about other users of the Site.
  • Impersonate any person or entity, including any representative of Splunk; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Splunk endorses any statement you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
  • Use the Site to advertise or offer to sell or buy any goods or services without Splunk’s express prior written consent.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site (including any content, Software and other materials available through the Site).
  • Modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Site (including any content, Software and other materials available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or content, Software and other materials originating from the Site.
  • Frame or mirror any part of the Site without Splunk’s express prior written consent.
  • Create a database by systematically downloading and storing all or any Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Splunk’s express prior, written consent.

8. LINKS

You may find links to other websites on the Site. Those links will let you leave Splunk’s site. Splunk exercises no control whatsoever over such third-party websites and any contents or web-based resources found on those third-party sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon or any updates or changes thereto. Splunk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Splunk of any linked sites. Splunk shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of those websites, including your use of any content, information, data, advertising, products, or other materials on or available through such websites, is solely at your own risk is subject to the terms and conditions of use and privacy policy(ies) applicable to such sites and resources. The Splunk Privacy Policy is applicable only when you are on the Site. Once you choose to be directed to another website, you should read that website’s privacy statement before disclosing any personal information.

9. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. SPLUNK AND/OR ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SPLUNK MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) ANY USER ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SPLUNK.


10. LIMITATION OF LIABILITY

IN NO EVENT SHALL SPLUNK AND/OR ITS SUPPLIERS/LICENSORS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS OR OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (HOWEVER ARISING, INCLUDING CONTRACT, EQUITY, NEGLIGENCE OR OTHER TORTIOUS ACTION) EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. THE MAXIMUM LIABILITY OF SPLUNK AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS/SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SPLUNK TO ACCESS AND USE THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. RELEASE

In the event that you have a dispute with one or more Site users, you release Splunk (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

12. INDEMNITY

To the fullest extent permitted by law, you shall indemnify, defend and hold harmless Splunk, its licensors/suppliers and their respective officers, directors, employees and agents from any and all claims (including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission), demands, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or in connection with: (1) any of your Contributions, including an assertion that the information, content, or other materials or services provided or made available by you or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or misappropriate any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms including the Rules of Conduct set forth in Section 7; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site. The foregoing indemnities shall survive expiration or termination of these Terms.

13. TERMINATION

Splunk may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site and any account(s) you may have in connection with this Site, including if Splunk believes that you have violated or acted inconsistently with the letter or spirit of these Terms or if it is required by applicable law, regulation, court or governing agency order.

Our termination of any user’s access to the Site hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user’s account and/or bar any further access to such files, and your right to use the Site will immediately cease. Splunk shall not be liable to you or any third party for any termination of your access to the Site or account hereunder.

14. CLAIMS OF COPYRIGHT INFRINGEMENT

Splunk respects the intellectual property rights of others and asks that the people who use the Site do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Splunk a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Splunk a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Copyright Agent
Splunk Inc.
250 Brannan St
San Francisco, CA 94107
DMCA@splunk.com
+1 415.848.8400

We encourage you to consult your legal advisor before filing a notice or counter-notice.

15. FORWARD-LOOKING STATEMENTS.

Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Splunk. We wish to caution you that these statements are only predictions and actual events or results may differ materially. Such statements include those that (a) use the words “believes,“ “expects,“ “anticipates,“ “estimates“ or words of similar importance or meaning; (b) are specifically identified as forward-looking; (c) describe any of Splunk’s plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of Splunk’s markets or customers or Splunk’s expected liquidity and capital resources. Factors that could cause actual results to differ materially include economic, competitive, governmental and technological influences affecting Splunk’s operations, markets, products, services and prices. Further information on potential factors that could affect the actual financial results of Splunk are included in Splunk’s filings with the Securities and Exchange Commission; specifically, Splunk’s most recent reports on Form 10-K and Form 10-Q. Splunk does not assume any obligation to update any forward-looking statement to reflect events that occur or circumstances that exist after the date on which they were made.

16. GENERAL

The Terms constitute the entire agreement between you and Splunk with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Splunk with respect to this Site. The Terms and the relationship between each user and Splunk shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without Splunk’s express prior written consent. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17. CONTACT; NOTICES

If you have any general question, comment or complaint regarding the Site, please send an e-mail to DMCA@splunk.com. Formal notices to Splunk under these Terms (including a report of any violation of the Terms by any user) shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to: Splunk Inc., Attention: Legal Department, 250 Brannan Street, San Francisco, California 94107, with a copy to legal@splunk.com. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Splunk's discretion. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SPLUNK PRIVACY POLICY

Effective Date: September 29, 2016

This Privacy Policy explains how we collect, use, and disclose information you provide to us (“Information”), including Personal Information (sometimes called “Personal Data” outside the U.S.), by which we mean information that would allow us to determine your identity when you engage with us.  For example, Splunk may receive your Information when you:

• Use Splunk’s websites or software applications (“apps”)
• Provide or update account information
• Register or attend Splunk-hosted or sponsored events (such as promotional events, webcasts, contests or hackathons)
• Order or use Splunk products, services or other offerings
• Communicate or interact with Splunk on-line or off-line, including for service of Splunk products or services installed on your premises or in the cloud

We refer collectively to these interactions as the “Services”.  We explain below how we collect and use the Information you provide and the data created when you use the Services. 

Splunk Processes Data for Our Customers.  If you submit to us (or to third-parties acting on our behalf) any Personal Information relating to other people in connection with your use of the Services, you represent that you have the authority to do so and to permit us to use the Information in accordance with this Privacy Policy.  Because of the nature of the Services, we may operate as a data processor for our customers, who act as data controllers, and will process the Information in accordance with the terms of our customer agreements, including this Privacy Policy. It is our customers’ responsibility to ensure that the Information they provide to us can be legally collected in the country of origin, transmitted to us and maintained or used by us.

Splunk Values. Splunk is committed to uphold the privacy principles articulated in the EU-U.S. Privacy Shield (“Privacy Principles”) to which Splunk has self-certified.  This Privacy Policy provides useful information about how Splunk adheres to these Privacy Principles and your rights with respect to them.   

What We Collect and How You “Opt-Out”

Data From You or Others. While we (or third-parties acting on our behalf) may collect your Information, including Personal Information, when providing the Services, we also collect it in a variety of other ways, such as through public databases, joint marketing partners, social media platforms, conference hosts, event companies, and other third-parties. If you log in to our Services using your social media login credentials (e.g.,Google+), we may receive Information, including Personal Information, as determined by the practices of the applicable social media platform.

Data From the Services (Usage and Analytics Data). We also collect and process usage data when you use our Services (e.g., ingest volume, search concurrency, number of unique user logins, apps loaded, operating system, internet protocol address, source type (count), session duration and other use data) (“Usage Data”) in order to provide, maintain, and improve our Services.  (In some products, you may have the option of configuring the administrator settings to opt-out of providing this information automatically.) 

In addition, we collect and process anonymized, aggregated data about a group or category of Services, features or users in order to improve the Services (“Analytics Data”).  For example, Analytics Data may include anonymized Usage Data, information about the server environment (e.g., OS type/version, CPU type/version, database type/version, disk utilization), information about the devices operating the Services (e.g.,browser type/version, OS type/version, device type/version), or such other similar information about user configuration or operation of Service features or functionality.  

On devices that enable location-based services, we may receive location information (determined by GPS or other signals), if you consent. (We may use this information to provide personalized location-based services and content. You can restrict our access to your device’s location by adjusting the location-based service preferences on your device.)

How We Use Your Information

Splunk may use Information for various purposes, such as to:

• Fulfill your orders or respond to requests you make (e.g., for marketing materials from our website)
• Provide, improve and develop the Services, including account changes, billing and payments, customer or support services, or software updates
• Issue Splunk accounts for access to online communities
• Send administrative information, like product announcements or changes to contract terms or policies
• Send marketing communications, like educational materials or information about special offers or upcoming online or offline events, such as SplunkLive
• Invite you to participate in various promotional activities, contests, webcasts, sweepstakes, hackathons, usability studies, campaigns, surveys and product tests, and to assess their effectiveness
• Personalize your experience by focusing on, and presenting Services and offers tailored to, your interests
• Associate your mobile device with an identifier for your device. (By downloading the mobile device app, you consent to our usage.)
• Research and analyze how our Services are used via cookies, web beacons and other similar technologies to personalize the Services. (For more information about our use of cookies and your choices to opt-out of their use, click here to view our Cookie Policy.)
• Diagnose and fix technical issues and monitor the security of our environments

How We Use Analytics Data

We use Analytics Data extensively to help us better understand how our Services are being used, make improvements to them, and develop new features, products and services. For example, we may use this data to:

• Better understand how our users configure and use our Services
• Determine which configurations or practices optimize performance (e.g., best practices)
• Benchmark key performance indictors (“KPIs”)
• Perform data analysis and audits
• Identify, understand and anticipate performance issues and the environmental factors that affect them
• Other such business purposes relating to the operation, improvement, or development of our Services

How Splunk Shares Your Information

Splunk may disclose Information to third parties in the following ways:

• Affiliates. We may disclose Information to our affiliates subject to these obligations. Splunk Inc. is the party responsible for the management of jointly-used Personal Information.
• Service Providers. We may disclose Information to our third-party service providers, vendors, or others who provide services for Splunk’s business operations.  This may include such things as infrastructure, data analysis, order fulfillment, IT services, customer service, professional services or audit services, among others. 
• Partners and Resellers. We may disclose Information to third-parties, including our strategic partners and resellers to permit them to assess your interest in the Services, conduct user research and surveys, or send you marketing communications, subject to the terms of their privacy policies.
• Compliance and Safety. We may disclose Information as necessary or appropriate under applicable laws (including laws outside your country of residence) to: comply with legal process or requirements, including applicable notification obligations; respond to requests from public and government authorities (including public and government authorities outside your country of residence); enforce our terms and conditions; and protect our operations or those of any of our affiliates and our rights, privacy, safety, or property, and/or that of our affiliates, you or others.
• Merger, Sale, Etc. We may disclose Information in the event of a proposed or actual reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Splunk business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• Other Users. We may disclose Information to other users of the Service in aggregated format, provided it does not include Personal Information. This may include “best practices” tips, KPIs, benchmark data or other such aggregated information useful to the user community.

How We Secure Your Information

Splunk takes reasonable administrative, technical and physical measures to safeguard Personal Information against loss, theft, and unauthorized access, disclosure, alteration, misuse, or destruction. Unfortunately, no data transmission, software, or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us immediately in accordance with the “Contact Splunk” section below. If Splunk learns of a breach of its systems, Splunk may notify you or others consistent with applicable law and as agreed. By using the Services or providing Personal Information to Splunk, you agree that Splunk may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services and the Information.

How You Can Access and Correct Your Information

We give you choices regarding your access, and our use and disclosure, of your Personal Information for marketing purposes. If you would like to review, correct, or update your Personal Information contact us at: marketingops@Splunk.com.  Be sure to indicate in your request what Information you would like to have changed. We will try to comply with your request(s) as soon as reasonably practicable, consistent with applicable law.  Note, in some cases we may charge an administrative fee to process marketing access requests.

If you no longer want to receive marketing-related emails from Splunk on a go-forward basis, you may also contact us at the marketing email address above and request that your Personal Information be removed from marketing-related emails.

Splunk Also Observes the Following Practices

Retention Period. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or not prohibited by applicable law.

Use of Services by Minors. The Services are not directed to individuals under the age of thirteen (13) or those not of the age of majority in your jurisdiction, and we request that these individuals do not provide Personal Information through the Services.

Cross-Border Transfers.  Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using any of our Services, you consent to the transfer of Information to countries outside of your country of residence, including to the United States, which may have different data protection rules than in your country.  It is your responsibility to ensure that the Information you provide to us can be legally transferred to the United States or another country.

EU-U.S. Privacy Shield.  As indicated in Splunk’s Privacy Shield Notice (found here), Splunk has certified to the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce.

Sensitive Information.  You agree to not send us or disclose any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership) or any protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 (otherwise known as “HIPAA”) Standards for Privacy of Individually Identifiable Health Information, as amended, unless otherwise provided in your written agreements with Splunk.

Links to Other Parties. The Services may contain links to or facilitate access to third-party websites or online services. This Privacy Policy does not address, and Splunk is not responsible for, the privacy, information, or other practices of those third-parties, including any app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer. The inclusion of a third-party link within the Services does not imply endorsement of the linked site or service by us or our affiliates. Splunk encourages you to review the privacy policies and learn about the privacy practices of those companies whose websites you choose to visit.

Apps and Other Third-Party Content. The Services may be extendible through the use of software applications that we offer through apps.splunk.com, called apps and add-ons. These extensions are versatile, and have access to a broad set of web technologies that can be used to collect and use your information. Additionally, some Services ship with a fully functional web and application server that can be extended by you or by third-party software. This Privacy Policy does not extend to third-party apps or add-ons (which may also collect your Information) even if packaged by Splunk or offered through a Splunk web property.

Splunk contractually requires third-party app developers to comply with applicable privacy and data protection laws.  If third-party app developers collect and transmit information about users of their apps, Splunk contractually requires the developers to provide app users with notice of the collection and use of such data, and to obtain consent from app users before modifying the information, disclosing the information to other entities, or using the information for purposes other than to provide the services offered by the apps. Splunk cannot guarantee that third-party app developers will comply with those requirements. When choosing to use apps, add-ons or other third-party extensions, you are entering into a license agreement with those third-parties. You should familiarize yourself with the privacy policies of the organizations or individuals providing you with software that runs in or with your Splunk product.

Updates to this Privacy Policy. We may change this Privacy Policy from time to time. If we change our Privacy Policy, we will post an updated privacy policy here, and it will become effective as of the date of posting (“Effective Date”). Your use of the Services following these changes means that you accept the revised Privacy Policy.

Your Consent. By using the Services, you agree to and consent to be bound by the terms and conditions of this Privacy Policy. 

Contact Splunk. If you have any questions or comments about this Privacy Policy, the information practices of the Services, or your dealings with Splunk, you can contact us at any time:

Splunk Inc.
Office of the General Counsel
250 Brannan Street
San Francisco, CA 94107
legal@splunk.com

Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your emails to us.

Links to Other Policies:

Splunk Cookie Policy
Splunk Website Terms and Conditions of Use
Splunk Privacy Shield Notice