Privacy Policy

Please read this Privacy Policy carefully, as it describes how Finisar Corporation, its affiliates, and subsidiaries (collectively “Finisar”, “we”, or “us”) processes, collects, uses, stores, shares, and safeguards your information when collected from any Finisar operated website, including without limitation, www.finisar.com, partner.finisar.com, oarp.finisar.com, www.lightsmyth.com, www.finisardownloads.com, www.finisarlightspeed.com, www.finisarknowledgebase.com and www.myvcsel.com (collectively, the “Sites”) or when collected when you as customer, supplier, or in another role interact with us.  Finisar may be contacted at DataPrivacy [at] finisar.com, or at Finisar Corporation, 1389 Moffett Park Drive, Sunnyvale, CA 94089, Attention: Data Privacy.

Please note that if you are an EU Data Subject and interact with us through the sites or otherwise, specific rules (see below) apply  in addition to the general provisions set out in this Privacy Policy that apply to all data subjects.

Depending on how you get in touch with us, and/or which Finisar subsidiary you enter into an agreement with, the data controller of your personal data will be one of the following: 

In respect of job applications the data controller will be Finisar Corporation and the Finisar subsidiary for the country in which you applied.  For a list of Finisar subsidiaries, please see Attachment A. We also use a third party, Trovix, to assist us in collecting job applications. Their privacy policy is at http://inside.monster.com/fullpolicy/inside2.aspx

Orders for products provided through the Sites are submitted to Finisar Corporation, 1389 Moffett Park Drive, Sunnyvale, CA 94089 or LightSmyth Technologies, Inc. (US). 75 Wilson St # C, Eugene, OR 97402.  Orders may also submitted through Finisar’s sales channels, including its sales representatives and distributors.

In any other case the data controller will be Finisar Corporation, 1389 Moffett Park Drive, Sunnyvale, CA 94089.  

By otherwise accessing, using, or interacting with the Sites, you expressly consent to our collection, processing, use, disclosure, and retention of your information as described in this Privacy Policy. If you do not agree with these practices, please do not use the Sites. 

We may make changes to this Privacy Policy. The most current version of the Privacy Policy will govern our use of information about you and will be located at https://www.finisar.com/privacy. If we make material changes to this Privacy Policy, we may notify you by posting a notice on the Sites. You should return to this page periodically to familiarize yourself with the current version of this Privacy Policy. By continuing to access, visit, or use the Sites after any changes to this Privacy Policy, you agree to be bound by the revised version of this Privacy Policy. 

Information Collected By Finisar

We may collect information that you provide to us in connection with your use of the Sites or otherwise communicate with us when you (A) submit information to us via the Sites; (B) send email messages, forms, or other information to us through the Sites or through email to Finisar employees; or (C) interact with the Sites. When you provide information to Finisar related to your interest in purchasing Finisar products, we may collect your name, email address, company or organization name, address, phone number (direct dial and cell), country of residence, web address, products that you are interested in, company focus, number of employees, company revenue, desired quantity and other data you choose to provide to us. In response to your sales inquiries, we may forward the information you provide to our applicable sales representatives.

In addition, you may register an account (such as a partner account or reseller account) on certain of the Sites.  In such cases, we may collect your name, email address, telephone number, country, company name, address, and Finisar RSM number. You will be able to create a password to access your account.   Please make sure to create a strong password and keep that password confidential.  You may also be able to purchase Finisar products through certain of the Sites, in which case, you will be asked to provide a credit card number and related information to pay for the product.  Such information is not collected by Finisar, but rather by our third-party processor, Big Commerce, that fulfills such transactions through our online store. 

When you subscribe to our investor email alerts, NASDAQ and Finisar  collect your first and last name, email address, title, company and investor type (shareholder, analyst, media, employee, other).  Please see http://business.nasdaq.com/cookie-statement for their privacy policy. You can unsubscribe from these communications as noted in the Managing Your Information; Communications section below.  

Finisar, along with our third party service partners, vendors, and business partners may automatically collect information about you when you use the Sites. The information automatically collected about you may include device ID, device characteristics, device type, device sensor data, browser type and version, geo-location information, computer and connection information, statistics on page views, traffic to and from the Sites, ad data, Wi-Fi connection information, IP address, and standard web log information. 

Cookies and Web Beacons; Do Not Track; Third Party Analytics

Finisar, along with our third-party service partners, vendors, and business partners may use cookies, locally stored objects, and web beacons to automatically collect information about your use of the Sites. Cookies are small bits of information that are transferred to and stored in separate files within your computer’s browser. The Sites use both “persistent cookies”, which remain on your computer after you have closed your browser, as well as “session cookies”, which exist only during a visitor’s online session and disappear from your computer when you close your browser. Locally stored objects, or “flash cookies”, are data files that can be created on your computer by the websites you visit, and are a way for websites to store information for later use. Locally stored objects are different than cookies because they are stored in different parts of your computer than cookies. Cookies are small text files stored on your computer in order to allow the visited websites to identify and recognize the user’s individual browser for the purpose of providing optimized and user-friendly services, i.e. the user does not have to fill in his or her lock-in data every time he or she visits the websites. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data. You can set your browser to reject or disable cookies, or to notify you when you are sent a cookie. Furthermore, you may delete previously set cookies at any time. However, if you reject, disable or delete cookies, you may not be able to use all portions or all functionality of the Sites. The Sites may include links to other websites and other content from third-party businesses. 

In addition, you may be able to adjust your browser settings or other settings so that “do not track” requests are sent to the websites that you use. However, Finisar will not disable tracking technology that may be active on the Sites in response to any “do not track” requests that are sent to the Sites.

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Sites. Google Analytics is a Web-based analysis tool provided by the Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. It collects and analyzes information on the usage of our Sites. Among other information Google Analytics tracks your (shortened) IP-Address, your location, the websites that referred to our Sites, sub-sites you visit and how often and how long you visit our Sites. If you visit our Sites from within the EU, your IP-Address will be anonymized before transmission. The analysis of this information helps us to improve our Sites, performance and user experiences. Google Analytics also uses cookies. We do not share your personal information with these third parties unless we have your prior consent to do so. For further information on cookies, please see our Cookie Policy.

You may preclude the Google Analytics Cookie by undertaking the measures set out above. Further you have the opportunity to object the processing of data through Google Analytics by installing a Browser-Add-On available at 

https://tools.google.com/dlpage/gaoptout. You may obtain further information with respect to 

Google Analytics as well as their current Privacy Policy at 

https://www.google.com/intl/de_de/analytics/, https://www.google.com/analytics/terms/de.html and at https://policies.google.com/privacy?hl=de&gl=de

How We Use Your Information

Finisar may use information that we collect about you through the Sites to: (A) provide access to the Sites and to provide you with requested services, products, customer support, and to process and respond to your inquiries; (B) personalize, customize, measure, and improve our services, content, and advertising, and otherwise to enhance your experience of the Sites; (C) prevent, detect, and investigate potentially prohibited or illegal activities; (D) analyze the accuracy, effectiveness, usability, or popularity of the Sites; (E) generate and review reports and data about our user base and service usage patterns; (F) compile aggregate data for internal and external business purposes; (G) resolve disputes and troubleshoot problems; (H) contact you with information, including promotional, investor, marketing, and advertising information, and recommendations that we believe may be of interest to you; (I) provide you with other services requested by you as described when we collect the information; and (J) take any other action as otherwise stated in this Privacy Policy.

Information We Share with Third Parties

Finisar may disclose your information to the following third parties:

  1. Our Service Providers. We may share your information with third-party contractors, agents, business partners, sales representatives, or service providers who provide certain services to us or on our behalf, such as operating and supporting the Sites. These service providers will only have access to the information needed to perform these limited functions on our behalf.  For example, NASDAQ provides investor alerts, Twitter and YouTube provide various services, Trovix processes job applications and BigCommerce processes online transactions. 
  2. Companies that Acquire Our Business or Assets. If Finisar becomes involved in a merger, acquisition, sale of assets, securities offering, bankruptcy, reorganization, dissolution, or any other transaction, or if the ownership of all or substantially all of our business otherwise changes, Finisar may share or transfer your information to a third party or parties in connection with the applicable transaction.
  3. Our Affiliates. We may share some or all of your information with our subsidiaries and corporate affiliates, joint ventures, or other companies under common control with us, for purposes of marketing, manufacturing, order fulfillment, billing and accounting. 
  4. Aggregate Information. Finisar may share information relating to visitors and users of the Sites with affiliated or unaffiliated third parties on an aggregate basis for such purposes as market research, improving our websites, and / or to set-up an on-line store. We note that, while this information will not identify you personally, in some instances these third parties may be able to combine this information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
  5. Legal Requirements. To the extent permitted by law, we may share your information with law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity, or any other activity that may expose us, you, or any other Finisar user to legal liability, or to protect our rights or property, or during emergencies when safety is at risk. We may also share your information in response to court orders, subpoenas, or other legal or regulatory requests, and we may provide access to your information to our legal counsel and other consultants in connection with actual or potential litigation.

Your information may also be disclosed to third parties in unforeseeable situations or situations that are not preventable, even when commercially reasonable protections are employed, such as in the case that Finisar or the Sites are subject to hacking or other attacks.

No Spam, Spyware, or Spoofing. Finisar and our users do not tolerate spam. To report Finisar-related spam or spoof emails to us, please forward the email to webmaster [at] finisar.com. You may not use our communication tools to send spam.

Security. Finisar takes reasonable measures to protect the information you provide to Finisar or submit through the Sites against loss, theft, unauthorized use, disclosure, or modification. However, we cannot guarantee or warrant the security of any information you transmit to Finisar or submit through the Sites, and you do so at your own risk. No internet or email transmission is ever fully secure or error-free. Emails sent to or through the Sites or directly to Finisar may not be secure. You should use caution whenever submitting information online, and take special care in deciding what information you send to us via email.

Managing Your Information; Communications. If you do not wish to provide Finisar with your information, please do not fill out forms available on the Sites. From time to time we may contact you via email with information that we believe may be of interest to you, but only if you have provided your consent to receive such communications (if such consent is required by applicable law). For example, if you have signed up for investor alerts, we will send such alerts to the email address you provided. By submitting information to us related to your interest in Finisar products, you agree that we and our sales representatives may contact you in response to your inquiry.  If you do not wish to receive such email communications in the future, you may unsubscribe by selecting the unsubscribe mechanism in the email communication, or by contacting us at Dataprivacy [at] finisar.com.

Third Parties. The Sites may contain links to websites that are not owned or operated by Finisar. Finisar is not responsible for the content and privacy practices of other sites. This Privacy Policy applies solely to information collected by the Sites. If you visit these websites or provide any information directly to parties other than Finisar (even if those websites display the Finisar brand), different policies may apply to the collection and use of your information. We encourage you to investigate and ask questions before accessing third-party websites, or disclosing information to third parties.

No Use by Children. The Sites are not intended for use by children under the age of 13. We will never knowingly collect information directly from children under the age of 13 without verifiable parental consent. If you are under the age of 13, you may not use the Sites, and please do not provide us with information of any kind whatsoever. If we become aware that a user is under the age of 13 and has submitted information to the Sites without verifiable parental consent, we will remove his or her information from our files and deactivate his or her account. If you have reason to believe that we may have accidentally received personal information from a child under the age of 13, please contact us immediately at webmaster [at] finisar.com.

United States Operation. The Sites are operated from the United States. If you are located outside of the United States and choose to use the Sites or provide your information to us, your information will be transferred, processed, and stored in the United States. The privacy laws of the United States may not be as protective as those in your jurisdiction. Your agreement to the terms of this Privacy Policy, followed by your submission of information in connection with the Sites, represents your agreement to this practice. Please note that if you are an EU Data Subject, specific rules apply, please see below.

Retention of Your Information. We retain the information you provide to us as long as it is necessary and relevant for the purpose for which it was originally collected. In addition, we may retain information to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions permitted by law. The information we retain about you will be handled in accordance with this Privacy Policy.

Access, Correction and Deletion of Information

You may also request copies, modifications or deletions of personal information that you have submitted to us by contacting us at dataprivacy [at] finisar.com. We will use reasonable efforts to accommodate these requests to the extent required by applicable law. EU Data Subjects may have additional rights as noted below. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Sites for a period of time.

Notice of Privacy Rights to EU Data Subjects

For persons located in the European Economic Area (“EU Data Subjects”), commencing on May 25th, 2018 and in case of inquiries to Finisar’s affiliated companies in Europe (such as orders or applications), we will process your personal information in accordance with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR) according to which you have the following rights, subject to certain exceptions and limitations as forth in the GDPR:

  1. You have the right to information as to whether or not and to which extent we process which of your personal information.
  2. You have the right to object the processing of your data based on Article 6 (1) (e), (f) on grounds relating to your particular situation at any time.
  3. You have the right to rectification of any inaccurate personal information about you and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
  4. You have the right to the erasure of your personal information without undue delay unless we have a legitimate interest to keep the information, such as in the event we need the information to execute an agreement with you.  
  5. You have the right to restrict the processing of your personal information, unless we have a legitimate interest to continue processing the information for the purpose in respect to which you requested the restriction.  For example, you have the right to object to our processing of your personal information for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal information for this purpose. You have the right to receive your personal information from us in a structured, commonly used and machine-readable format – data portability. However, this right does not apply where it would adversely affect the rights and freedoms of others.
  6. You have the right to withdraw your previously given consent at any time.

If you are an EU Data Subject and wish to exercise any of the foregoing rights, you should contact us at Dataprivacy [at] finisar.com. We will endeavor to accommodate these requests to the extent required by applicable law.

If you believe our processing of your personal information violates data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged violation.  You may exercise any of your rights in this section in relation to your personal data by written notice to us at the following email address: Dataprivacy [at] finisar.com.

For EU Data Subjects, we rely on the following legal bases to process your personal information:

  1. The legal bases for the processing of information we obtain while you visit our Sites are the performance of a contract with respect to the use of our Sites (Art. 6 Para. 1 lit. b GDPR) and our legitimate interests (Art. 6 Para. 1 lit. f GDPR) in improving the performance of our Sites.
  2. The legal basis for the processing of information we obtain through email messages or forms is your consent (Art. 6 Para. 1 lit. a GDPR).
  3. The legal basis for the processing of obtained information related to your interest in purchasing Finisar products is Art. 6 Para. 1 lit. b GDPR (steps at the request of the data subject prior to entering into a contract).
  4. The legal bases for the processing of information we obtain in the course of your registration are performance of a contract (Art. 6 Para. 1 lit. b GDPR) and your consent (Art. 6 Para. 1 lit. a GDPR).
  5. The legal basis for the processing of information we obtain through your subscription to our e-mail alerts and/or newsletters is your consent (Art. 6 Para. 1 lit. a GDPR). 
  6. The legal basis for the processing of information we obtain through the use of Cookies, Web Beacons and third party analytics is our legitimate interests (Art. 6 Para. 1 lit. f GDPR) in improving the performance of our Sites and analyzing its use.
  7. The legal basis for the transmission of information to third-party contractors, agents, business partners, sales representatives, or service providers is [performance of the contract (Art. 6 Para. 1 lit. b GDPR)] 
  8. The legal basis for the transmission of information to third parties in case Finisar becomes involved in a merger, acquisition, sale of assets, securities offering, bankruptcy, reorganization, dissolution, or any other transaction is our legitimate interest (Art. 6 Para. 1 lit. f GDPR) in preparing and executing the applicable measure.
  9. The legal basis for the transmission of information to our Affiliates is [performance of the contract (Art. 6 Para. 1 lit. b GDPR)]
  10. The legal basis for the transmission of information to law enforcement, governmental agencies, or authorized third parties is the compliance with a legal obligation (Art. 6 Para. 1 lit. c GDPR).
  11. The legal basis for the transmission of information to our legal counsel and other consultants in connection with actual or potential litigation is our legitimate interest (Art. 6 Para. 1 lit. f GDPR) in receiving consulting services.

We will only send EU Data Subjects marketing emails or contact EU Data Subjects regarding marketing matters where they have agreed to this, such as by subscribing to our investor alerts, email lists, filling our contact forms or sending us email inquiries, unless such communications are justified by our legitimate interests under Article 6 of the GDPR. As noted above, we may personalize the message content based upon any information you have provided to us and your use of the Sites. If you subscribe to a newsletter you will be needed to confirm your e-mail address by clicking on a link in an e-mail conformation we send you (double-opt-in). 

As stated above we take all reasonable steps to ensure that your personal data are processed and stored securely. Your personal data will never be stored longer than permitted by applicable law or longer than necessary to fulfil our purposes for processing your personal data, which are stated above in the section “How we use your personal data”. Your personal data will be processed by us during the following time periods:

  • Customer, distributor or agent: If you are a customer, distributor, agent, and you have entered into an agreement with the Company, your personal data are saved for as long as necessary in order for the Company to perform the agreement with you, e.g. until we have delivered the product or performed the services that you have ordered, and as necessary to fulfil future agreements or orders, This includes, inter alia, fulfilling delivery or warranty commitments.  This does, however, not apply if we need to save your personal data for a longer period of time due to any of the reasons stated below.
  • Job candidates: We save your personal data including your cover letter and CV as well as photo, if applicable, during the recruitment process, until the recruitment process is completed and for any necessary period thereafter, in order to be able to defend potential legal claims.
  • Communication: If you have contacted the Company, e.g. via email, your personal data will be stored as long as necessary for us to complete any request or handle any issue for which reason you contacted us.
  • Legal obligation: The Company saves any documentation that constitutes accounting information in accordance with applicable accounting legislation.
  • Direct marketing: We may process your personal data for direct marketing purposes, until you have opted out of receiving marketing communications from us or you have objected to your personal data being used for direct marketing purposes.  

With regard to the identity and the contact details of the controllers, what personal data we collect, from where we collect it, the recipients or categories of recipients of the personal data, please see above. 

In addition, please note that your personal data may transferred outside of the EU/EEA to other Finisar entities, including to the United States. For example, if you complete a customer or distributor form on our website, such information may be transferred to Finisar’s sales organization in the United States and to representatives in the jurisdiction in which you currently reside or do business.   Email communications may be stored on servers in the location to which you sent your email, including in the United States and countries in which our other affiliates are based,

We will ensure that your personal information is transferred to a country which according to the EU Commission has been designated as having an adequate level of protection, or if this is not the case, that the company or organization to which the information is transferred has joined a legal framework (such as the EU-US Privacy Shield), the company or organization has adopted binding corporate rules approved by a competent supervisory authority or if the relevant parties has signed standard protection clauses adopted by the Commission (known as “Standard Model Clauses”) or adopted by a supervisory authority, or that any other legal grounds for such transfer according to applicable privacy law is applicable. You may contact us as stated herein to obtain further information on such transfers.

Notice of Privacy Rights to California Residents: Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, information related to the personal information disclosed by Finisar to third parties for direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at DataPrivacy [at] finisar.com or sending a letter to:

Finisar Corporation, 1389 Moffett Park Drive, Sunnyvale, CA 94089, Attention: Data Privacy

Contact

If you have questions or complaints regarding our Privacy Policy or practices, please contact us at DataPrivacy [at] finisar.com

Effective Date: May 25, 2018

ATTACHMENT A

  • Finisar Australia Pty. Ltd (Australia)Finisar Brasil Suporte De Vendas LTDA (Brazil)
  • Broadway Networks, Ltd. (Cayman Islands)
  • Finisar Corporation (US)
  • Finisar Daejeon Co. Ltd. (Korea)
  • Finisar Germany GmbH (Germany)
  • Finisar Israel Ltd. (Israel)
  • Finisar Japan Ltd. (KK) (Japan)
  • Finisar Malaysia Sdn. Bhd. (Malaysia)
  • Finisar Public Affairs Sdn Bhd (Malaysia)
  • Finisar Sales Hong Kong Ltd. (Hong Kong)
  • Finisar Sales, Inc (US)
  • Finisar Shanghai, Inc. (China)
  • Finisar Shenzhen, Inc. (China)
  • Finisar Sherman RE Holdco, LLC (US)
  • Finisar Singapore Pte. Ltd (Singapore)
  • Finisar Sweden AB (Sweden)
  • Finisar Sweden Holding AB (Sweden)
  • Finisar Technology India Pte. Ltd. (India)
  • Finisar Wuxi, Inc. (China)
  • Kailight Photonics, Inc (US)
  • LightSmyth Technologies, Inc. (US)
  • Optium Corporation (US)