Privacy Policy

Welcome to VyOS Networks Privacy Policy. We invite You to read this Privacy Policy carefully to understand Our considerations and practices regarding the processing of Your Personal Data.This Privacy Policy explains how We collect, use, disclose, and safeguard your information when you visit Our websites (https://vyos.io/ and https://vyos.com) (the “Site”) or use Our Site, solutions, or services, including Our mailing lists and support services (collectively, the “Services”). Please spend a few minutes reading it carefully before providing Us with any information about You or any other person. Kindly note that Our Services and Site are not intended for minors below the age of 18 years and We do not knowingly collect data relating to minors.

1. Definitions.

1.1 “We”, “Our”, or “Us” means the relevant contracting entity, also referenced in this Privacy Policy as “VyOS Networks”, acting as the Data Controller, as identified in Section 4.1 of this Privacy Policy.

1.2 “You” and “Your” means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

1.3 “Personal Data” means any personal information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

1.4 “Processing” is any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.5 “Profiling” means any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

1.6 “Consent” of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of Personal Data relating to him or her. The request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent. Consent must be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be as easy to withdraw consent as it is to give it.

1.7 “Sub-Processor” means any third-party that We engage to process Personal Data on our behalf in connection with the Services we provide. Sub-Processors are required to process Personal Data under Our instructions and in compliance with applicable data protection laws.

2. What Data We Collect about You?

We are committed to protecting and respecting Your privacy. When You access the Site or use Our Services, We may collect certain Personal Data. In particular, such Personal Data includes, but is not limited to, the categories set out below:

We generally do not collect children’s Personal Data or other categories of sensitive Personal Data, such as information relating to Your religious or philosophical beliefs, racial or ethnic origin, health-related or medical information, genetic or biometric data, or any similar categories of sensitive Personal Data as defined under applicable law.

3. How do We collect Your data?

We use different methods to collect information from and about You, including through:

3.1 Personal Data Provided by You. We collect Personal Data that you voluntarily provide to Us when You register on the Site, express an interest in obtaining information about Us or Our products and Services, when You participate in activities on the Services, or otherwise when You contact Us.

3.2 Automatically Collected Data. We automatically collect certain information when You visit, use, or navigate the Services or the Site. This information does not reveal Your specific identity (like Your name or contact information) but may include some Technical Data and Marketing and Communications Data. This information is primarily needed to maintain the security and operation of Our Services, and for Our internal analytics and reporting purposes. We use cookies and similar tracking technologies (such as web beacons, tags, and scripts) to collect and store this information. You can find out more about the cookies We use and Your choices  in Our Cookie Policy.

3.3 Social Media Widgets and Similar Links. Our Site may contain links, social media plug-ins, "widgets", "tweet", “share" and "like" buttons linked to social media platforms such as Facebook, X (Twitter), Instagram, Threads, Discord, LinkedIn, Reddit and Telegram. If You interact with Us on a social media platform using Your social media account (e.g., Facebook or Twitter), We receive Personal Data about You such as Your name, email address, and gender. Any Personal Data that We collect from Your social media account depends on Your social media account’s privacy settings.

3.4 Other Platform Login Data. We may provide You with the option to register with Us using Your existing account details from other platforms, like Your GitHub or other account. If You choose to register in this way, We will collect the information required in order to create an account on Our Site as well.

3.5 Information Collected from Other Sources. In order to enhance Our ability to provide relevant marketing, offers, and Services to You and update Our records, We may obtain information about You from other sources, such as public databases, joint marketing partners, affiliate programs, data providers,  government or private identity record databases or company registers, fraud prevention agencies, other private entities, or with credit reference agencies to confirm your identity and to combat fraud. This information includes but not limited to Contact Data, Technical Data and Marketing and Communications Data, Financial Data. 

3.6 Information from Publicly Available Sources. We may collect information from publicly available sources, such as media stories, online registers or directories, and websites for enhanced due diligence checks, and KYB purposes.

4. Purposes and Legal Basis of the Processing.

4.1 Lawful Basis. We process Your Personal Data in accordance with applicable data protection laws and only where a valid basis exists for such processing. Depending on the circumstances, We may rely on one or more of the following legal grounds:

• Performance of a contract. Processing is necessary for the performance of a contract to which You are a party or in order to take steps at Your request prior to entering into such a contract. We rely on this legal basis in particular for the provision of Our Services.

• Legitimate interests. Processing is necessary for the purposes of the legitimate interests pursued by Us or by a third party, provided that such interests are not overridden by Your interests or fundamental rights and freedoms requiring protection of Personal Data. Where We rely on this basis, We assess and balance Our interests against Your rights.

• Compliance with a legal obligation. Processing is necessary for compliance with a legal obligation to which We are subject.

• Consent. Processing is based on Your consent, which constitutes any freely given, specific, informed, and unambiguous indication of Your wishes by which You, by a statement or by a clear affirmative action, signify agreement to the processing of Your Personal Data. Where required by applicable law, such consent will be explicit. In such cases, We will obtain Your consent in accordance with applicable legal requirements.

Under European data protection laws, Our relevant entity acts as the controller of Your Personal Data and is responsible for its processing, depending on Your location or place of residence or, where applicable, the contracting entity providing the Services. Under the California Consumer Privacy Act (CCPA), We act as a “business” when We collect and determine the purposes and means of processing Your Personal Data. The table below identifies Our entity acting as controller (or, where applicable, as a business under the CCPA) based on Your location.

* All sales via cloud providers (except Exoscale) are generally conducted by VyOS Inc., unless otherwise determined by Us, regardless of Customer location. Sales via Exoscale are generally conducted by VyOS EMEA Operations Limited, unless otherwise determined by Us.

This Privacy Policy does not apply where We process Personal Data as a “data processor” on behalf of Our customers (or as a service provider under CCPA). In such cases, Our customer—who has engaged Us under a data processing agreement—acts as the data controller and is responsible for determining how Your Personal Data is handled. We process that information solely on their behalf and in accordance with their instructions. To learn more about how Our customers handle Your Personal Data, please refer to their respective privacy policies and direct any related inquiries to them.

The table below describes the ways in which We intend to use Your Personal Data and the legal bases on which We rely for such processing. Where relevant, We have also identified the legitimate interests pursued by Us. Please note that, depending on the specific purpose for which We use Your Personal Data, We may rely on more than one lawful basis for processing.

4.2 Voluntary nature of the processing. Providing Your Personal Data for the above-mentioned purposes is voluntary and not mandatory. However, not providing any of such data may not allow Us to establish and/or continue a contractual relationship with You, or to fulfill Your requests, or to comply with legal obligations to which We are subject.

5. Data Retention Period and Security Measures for Your Personal Data.

5.1 Data Retention. We retain Your Personal Data for as long as Your account remains active, You use Our Services or as necessary to fulfill the purposes for which the data was collected. This includes meeting Our contractual commitments, complying with applicable legal and regulatory obligations, resolving disputes, and enforcing Our rights and agreements. The specific retention period may vary depending on the nature of the data, the context in which it was collected, and relevant statutory or regulatory requirements. When Personal Data is no longer required for these purposes, it will be securely deleted or anonymized in accordance with Our data retention policies.

Personal Data collected by Us will be processed for the time strictly necessary to achieve the purposes referred to above. In particular:

• Personal Data needed for the provision of Our Services will be processed as long as it is necessary for providing You with the requested Services, until the Personal Data is required for the legitimate purpose of its collection, or until You stop using the Services; if Your Personal Data is no longer necessary for any such purposes, We will delete such Personal Data from Our systems.

• Personal Data needed for the provision of Our newsletter will be processed until You decide to unsubscribe.

• Personal Data needed for security and fraud prevention purposes will be kept up to 6 (six) months from the termination of Your account and related Services.

• Personal Data needed to be kept under applicable laws (for example, tax laws, accounting laws, etc.) will be retained for the period of time imposed by those laws.

Please note that under certain conditions, You can ask us to delete Your Personal Data please refer to the section on Your legal rights below for further information. We will honor Your deletion request only if the applicable condition(s) are met.

5.2 Security measures. We take all reasonable steps to protect Personal Data provided via Our Site and Services from loss, misuse, and unauthorized access, alteration, disclosure, or destruction. However, no Internet transmission is ever fully secure or error-free. In particular, emails sent to or from Our websites and Services may not be secure. Therefore, You should take special care in deciding what information You send to Us via email. Please keep this in mind when disclosing any Personal Data to Us or to any other party via the Internet. In case of a personal reportable data breach, We will notify the supervisory authority and affected data subjects of the Personal Data breach without undue delay after becoming aware of it, in accordance with applicable laws.

6. Disclosure of Your Personal Data.

We may share Your Personal Data with the following recipients:

• Sub-Processors. You acknowledge and agree that We may engage Sub-Processors and share Your Personal Data with them as necessary to provide the Services, including, without limitation, hosting providers, email service providers, payment processors, and customer support providers. You can review the current list of Our Sub-Processors here. We require such Sub-Processors to provide a level of protection for Your Personal Data consistent with this Privacy Policy, to the extent applicable to the nature of the services provided by the respective Sub-Processor.

• Affiliates. We may share Your Personal Data with Our affiliates, which are entities that We control, are controlled by, or are under common control with Us, to provide You with the Services and for internal business purposes.

• Business Transfers. In the event of a merger, acquisition, reorganization, or sale of all or a portion of Our assets, We may transfer Your Personal Data as part of the transaction. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of Your Personal Data, as well as any choices You may have regarding Your Personal Data.

• Legal Requirements. We may disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

• With Your Consent. We may share Your Personal Data with third parties when We have Your consent to do so.

7. Your Data Protection Rights. 

Depending on Your location of residence, You may have specific legal rights regarding Your Personal Data.

7.1 Rights Under EEA, Swiss and UK Data Protection Laws. If You reside in the EEA, Switzerland, or the UK, according to GDPR, UK GDPR and respective data protection laws, You have the following rights:

• Right of access. You have the right to obtain from Us confirmation as to whether We are processing Your Personal Data, to receive a copy of the Personal Data We hold about You and information regarding how Your Personal Data is processed;

• Right to rectification. You have the right to obtain from Us the rectification of inaccurate Personal Data concerning You and, taking into account  the purposes of the processing, the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.

• Right to erasure. You have the right to request erasure of Your Personal Data by asking Us to delete or remove Personal Data We hold about You. Please note that We may not always be able to comply with Your request of erasure for specific legal reasons which will be notified to You, where applicable.

• Right to restriction of processing. You have the right to obtain from Us restriction of processing where one of the following applies:
  (a) You contest the accuracy of the Personal Data, for a period enabling Us to verify its accuracy;
  (b) the processing is unlawful and You oppose the erasure of the Personal Data and request the restriction of its use instead;
  (c) We no longer need the Personal Data for the purposes of the processing, but it is required by You for the establishment, exercise, or defense of legal claims; or
  (d) You have objected to processing pending verification of whether Our legitimate grounds override Your rights.

• Right to data portability. You have the right to receive the Personal Data concerning You, which You have provided to Us, in a structured, commonly used, and machine-readable format and to transmit such Personal Data to another controller without hindrance from Us.

• Right to object. You have the right to object to the processing of Your Personal Data, where We rely on legitimate interest (or those of a third party) and there is something about Your particular situation which leads You to object to processing on this ground as You feel it impacts on Your fundamental rights and freedoms. In some cases, We may demonstrate that We have compelling legitimate grounds to process Your Personal Data which override Your rights and freedoms. You also have the right to object where We process Your Personal Data for direct marketing purposes.

• Withdrawal of consent. Where the processing of Personal Data is based on Your consent, You have the right to withdraw Your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. Consent may be withdrawn by sending an email to privacy@vyos.io. Please note that if You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of Our Site and Services.

• Right to lodge a complaint. You have the right to lodge a complaint with a supervisory authority in the EU country of Your habitual residence, place of work, or place of the alleged infringement if You consider that the processing of Personal Data relating to You infringes applicable data protection laws.

To exercise any of the rights  described above, please contact Us at privacy@vyos.io and follow the instructions provided. For security purposes, We may request additional information to verify Your identity before responding to Your request. When contacting Us, please indicate the country and/or state in which You reside.

7.2 Rights Under U.S. State Privacy Laws. If You are a resident of the United States, You may be entitled to specific rights regarding Your Personal Data under applicable state privacy laws, including the California Consumer Privacy Act (CCPA/CPRA) for California residents, Colorado Privacy Act (CPA), Virginia Consumer Data Protection Act (VCDPA), Delaware Personal Data Privacy Act (DPDPA), Connecticut Data Privacy Act (CTDPA) and Utah Consumer Privacy Act (UCPA). 

Depending on Your state of residence, You may have the following rights:

• Right to Know. You have the right to request information about the categories and specific pieces of Personal Data We have collected about You, the sources of that Personal Data, the purposes for which it is used, and the categories of third parties with whom We share it.

• Right to Access. You may request access to the Personal Data We maintain about You.

• Right to Delete. You can request that We delete Personal Data We have collected from or about You, subject to certain exceptions (e.g., compliance with legal obligations, Service delivery, or security purposes).

• Right to Correct. If You believe the Personal Data We maintain about You is inaccurate, You may have the right to request correction.

• Right to Opt-Out of Sale or Sharing. You may opt out of the sale or sharing of Your Personal Data with third parties for purposes such as targeted advertising.
  Please note that We do not sell Personal Data in the traditional sense. However, certain data sharing related to advertising or analytics may be considered a “sale” or “sharing” under applicable state laws.

• Right to Limit Use of Sensitive Personal Data. In certain states, such as California, You may limit Our use and disclosure of sensitive Personal Data to what is necessary for providing requested Services.

• Right to Data Portability. You can request a copy of Your Personal Data in a portable and readily usable format.

• Right to Non-Discrimination. You have the right not to receive discriminatory treatment for exercising any of Your privacy rights.

To exercise any of the rights  described above, please contact Us at privacy@vyos.io and follow the instructions provided. For security purposes, We may request additional information to verify Your identity before responding to Your request. When contacting Us, please indicate the country and state in which You reside.

7.3 Rights Under Other Applicable Data Protection Laws. Depending on Your location of residence, You may have other/additional rights under applicable data protection or privacy laws other than those described in Sections 7.1 and 7.2.

To exercise any such rights, please contact Us at privacy@vyos.io and follow the instructions provided. For security purposes, We may request additional information to verify Your identity before responding to Your request. When contacting Us, please indicate the country and/or state in which You reside.

7.4 No Fee Usually Required. You will not have to pay a fee to access Your Personal Data (or to exercise any of the other rights described above). However, We may charge a reasonable fee or refuse to comply with Your request if it is manifestly unfounded, excessive, or repetitive.

7.5 Period for Responding to a Legitimate Request. Under the EU General Data Protection Regulation, the UK General Data Protection Regulation, and the Swiss Federal Act on Data Protection, We will respond to a legitimate request within one month (30 days). This period may be extended by an additional two months where necessary, taking into account the complexity and number of requests. 

For requests submitted under U.S. state privacy laws, We will respond within the timeframes required by applicable law (generally within 45 days). 

For other jurisdictions, We will respond to requests within a reasonable period and in accordance with applicable legal requirements.

8. Transfers of Your Personal Data.

We may share Your Personal Data with Our affiliates and with third parties, including service providers and sub-processors, in connection with the provision of Our Services. 

As some of Our affiliates, service providers, and sub-processors may be located outside the European Economic Area, this may involve the transfer of Your Personal Data outside the EEA, including to countries that may not provide the same level of data protection as the EEA. 

In all such cases, We implement appropriate safeguards to ensure that Your Personal Data remains adequately protected in accordance with applicable data protection laws.

9. Contact Us. 

If You have any questions or comments about this Privacy Policy, Your rights, or Our data collection practices, please contact Us by sending an email to privacy@vyos.io addressed to Our VP of Legal, Compliance, and Data Protection, Y. Korotash. 

9.1 EEA Representative. For the purposes of Article 27 of the GDPR, the following entity acts as the representative in the European Economic Area for Our entities not established in the EEA:

VyOS EMEA Operations Limited

First Floor, Penrose 1

Penrose Dock

Cork, T23 KW81 

Ireland

Email:legal@vyos.io  

10. Use of Cookies and Other Web Technologies.

We use cookies and similar automated data collection technologies to collect certain information that Your browser sends to Our Site. For further information about how We use cookies and similar technologies, please refer to Our Cookie Policy.

11. Forums and Chat Rooms.

If You participate in a discussion forum, local communities, or chat room on Our Site, You should be aware that the information You provide there (i.e., Your public profile) will be made broadly available to others, and could be used to contact You, send You unsolicited messages, or for purposes neither Us nor You have control over. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. We are not responsible for the Personal Data or any other information You choose to submit in these forums.

To request removal of Your Personal Data from Our blog or community forum, contact Us at privacy@vyos.io. In some cases, We may not be able to remove Your Personal Data; if this occurs, We will inform You accordingly and explain the reasons why.

12. Amendments to this Privacy Policy.

We may update or amend this Privacy Policy from time to time. If We make changes to this Privacy Policy, We will post the updated version on this page and update the “Last Updated” information at the top of this Privacy Policy. We encourage You to review this Privacy Policy periodically to remain informed about how We collect, use, and protect Personal Data. Your continued use of the Site and Services following the posting of any changes constitutes Your acceptance of the updated Privacy Policy.