Super Micro Computer, Inc. (SMCI) is committed to your privacy and the protection of your personal data. This Privacy Statement is provided to describe our privacy practices as required by the General Data Protection Regulation (“GDPR”) (EU) (2016/679) and other Data Protection Laws. This Privacy Statement applies where SMCI is acting as a data Controller with respect to the personal data of our customers, resellers, suppliers and website users; in other words, where we determine the purposes and means of the processing of that personal data.

This Privacy Statement outlines how we collect, share, transfer, retain and protect your personal data and what rights you can exercise regarding your information. If you provide us with your personal data, or we obtain information about you from other sources, we treat your information according to this Privacy Statement.

This Privacy Statement applies to SMCI websites, apps, mobile apps, social media accounts, etc. (Sites). This Privacy Statement does not apply to third-party applications, products, services, websites or social media features that may be accessed through links we provide on our Sites that have their own Privacy Policies, Statements or Notices. Accessing those links will cause you to leave the SMCI Sites and may result in the collection or sharing of information about you by a third-party. We do not control, endorse or make any representations about those third-party websites or their privacy practices, which may differ from ours. We encourage you to review the Privacy Statement of any site you interact with before allowing the collection and use of your personal data.

The following describes the general categories of personal data that we may process, the purposes for which we may process personal data, and the legal bases of the processing. In the case of personal data we did not obtain directly from you, the source and specific categories of that data are also described.

• We may process information relating to transactions, including purchases of goods and services that you enter into with us and/or through our website or websites linked to our Site (“Transaction Data”). The Transaction Data may include your contact details (such as company, name, or phone number), and the transaction details. The Transaction Data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests in the proper administration of our website and business.

• We may process data related to your (“Account Data”). The Account Data may include your name, title, postal and email address as well as payment information. The source of the Account Data may be you or your employer. The Account Data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and SMCI and/or taking steps, at your request, to enter into such a contract.

• We may process information contained in any inquiry you submit to us regarding goods and services (“Inquiry Data”). The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and SMCI and/or taking steps, at your request, to enter into such a contract.

• We may process data about your use of our website and services (“Usage Data”). The Usage Data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the Usage Data may be Cookies, analytics tracking systems or other methods. This Usage Data may be processed for the purposes of analyzing your use of our website and services. The legal basis for this processing is consent.

• We may process data about you to ensure security of your personal data and our IT system, on the basis of your and our interest for security. The legal basis for this processing is our legitimate interests, namely the safe and secure: (1) administration of our website, (2) use and storage of business information and, (3) communications with users and customers.

• We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters to keep you up-to-date on SMCI events and news (“Notification data”). The legal basis for this processing is your explicit consent, or your implicit consent if you are a customer.

• We may process information contained in or relating to any communication that you send to us (“Correspondence Data”). The Correspondence Data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The Correspondence Data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

• We may process your personal data where necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure, an investigation, or other legal matter. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others. We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

Where the processing of your personal data is based on your consent only, you have the right to withdraw this consent at any time. We will then erase your personal data and stop processing it subject to our receipt of a valid Data Subject Access Request from you.

SMCI receives information about you or your devices from the following sources:

• When you, or someone on your behalf, provides information to us to:

  • Establish or maintain an account;

  • Make a purchase or receive a service;

  • Apply for employment at SMCI;

  • Post comments to online communities;

  • Participate in a survey, marketing promotion, sweepstakes or contest; or

  • Connect with us via social media.

• Through Business Partners, Resellers and Suppliers;

• Our Sites, apps and email;

• Through the use of automated means such as Cookies and similar technologies, and;

• From other third parties, including, advertisers, data partners, marketing partners and publicly available sources such as social networks.

SMCI, our service providers, and other third parties may collect the following information about you through automated means (such as Cookies):

• IP address;

• Browser type and language, access time, and referring website address;

• The pages you view within our Sites and other actions you take while visiting us;

• We may collect information related to whether you've opened an e-mail or clicked on a link contained in an e-mail;

• If you are referred to our Sites from another source (an advertising site, a blog, a social media site, etc.), we may collect data about you. Also, we may provide a referring source with appropriate data (such as the amount of a purchase) to compute referral fees or other similar purposes;

• We may conduct surveys and promotions that collect your information. Our surveys and promotions are voluntary and any information you provide may be collected, used, shared, disclosed, stored, transferred, and processed in accordance with this Privacy Statement. Your participation in our surveys and promotions, and your submission of information, serves as your consent to these practices;

• Some features of our Sites allow users to make data public or engage in other sharing. For example, if you post content or otherwise participate in discussion forums or other social areas of our Sites, your participation (including the content you post, your name, and a link to your profile) may be shared across our Sites and in other public or private areas of the internet.

Collecting information through automated means allows us to collect statistics about the usage and effectiveness of our Sites, personalize your experience on our Sites, and tailor our interactions with you. For details regarding the technologies we employ, see our Cookies Policy, and the section below regarding Cookies, Web Beacons and Similar Technologies.

SMCI may use your personal information in the following ways:

• Account Maintenance – We may use your information to identify you, ship products to you, contact you and provide billing services.

• E-mail – If you choose to be contacted by email, we may use your email information to communicate questions, respond to inquiries, and distribute information about SMCI and our products and services that may be of interest to you. You may choose not to receive marketing materials from us at any time by following the unsubscribe instructions included in the Email Notifications section below.

• Transactions – If you request something from SMCI, such as a product, service, callback, or marketing materials, we may use the information you provide to fulfill your request. To help us complete your transaction, we may share information with others such as business partners, financial institutions, credit reference agencies, shipping companies, suppliers, resellers, or customs authorities.

• Customer Feedback and Support – We may use your information to provide a mechanism for your feedback or to contact you regarding support for our products and services, including product updates for fixes.

• Personalizing your Experience on our Sites – We may use information we collect about you to provide a personalized experience on our Sites, such as providing you with content which you may be interested in, and to make our Sites easier for you to navigate.

• Aggregate/De-Identified Information - We may aggregate and/or de-identify your information so that such information can no longer be linked to you or your devices (Aggregate/De-Identified Information). We may use Aggregated/De-Identified Information for any purpose, including without limitation, research and marketing purposes. We may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

• Combined Information - You consent that, for the purposes discussed in this Privacy Statement, we may combine the information that we collect with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Statement.

Your personal data may be shared with others as described below:

• We may disclose your personal data to any member of our group of companies, affiliates, resellers, suppliers, and service providers as reasonably necessary for the purposes, and on the legal bases, set out in this Privacy Statement.

• We may disclose your personal data to our insurers and professional advisers as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or other legal proceedings.

• We may disclose your personal data with our payment services providers to complete financial transactions. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

• In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data; (a) where such disclosure is necessary for compliance with a legal obligation to which we are subject, (b) enforce our Terms of Service, this Privacy Statement, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of SMCI, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, or in order to protect your vital interests or the vital interests of another natural person.

• We reserve the right to transfer your personal information in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will require that the transferee use personal information you have provided in a manner consistent with our privacy Privacy Statement and the applicable legal framework.

SMCI is a global business based in the United States. SMCI and our affiliated companies have offices and facilities in the United States, the Netherlands, and Taiwan. Transfers of your personal data to each of these countries will be protected by appropriate safeguards, namely the use of Standard Contractual Clauses adopted or approved by the European Commission.

Our customers and the users of our Sites may be located anywhere in the world. The privacy laws in some countries may not provide protections equivalent to those in your country of residence, and your government may or may not deem such privacy protections adequate. We may process your information in, or transfer your information to, the United States, third parties in the United States, or other countries.

There is no perfect security. We have implemented certain physical, technical, and administrative measures to help prevent unauthorized access, use and disclosure of your information, but we cannot promise that these measures will work. You are responsible for maintaining the secrecy of any credentials that can be used to access your account with SMCI, and you should report suspected unauthorized activity to us immediately.

We may collect your information from third parties. This includes you logging in through a third party site such as a reseller website, a referring site, Facebook, Snapchat, Instagram, LinkedIn, Twitter, etc. We may also disclose information collected from third parties to customize ads and to manage and facilitate messaging on third party sites. We do not control the privacy practices of third parties. We encourage you to review the privacy policies of third party sites for more information regarding their applicable privacy practices.

We will keep your personal data while we are providing our products and services to you. Thereafter, we will keep your personal data for one of these reasons: (a) to respond to any questions, complaints or claims made by you or on your behalf; (b) to show that we treated you fairly; and/or (c) to keep records required by law.

We will not retain your data for longer than necessary for the purposes for which it was collected as set out in this privacy notice. In determining data retention periods, we take into consideration local laws, contractual obligations, our reasonable business requirements, and your expectations and requirements. When it is no longer necessary to retain your personal data, we will securely delete or anonymize it. .

SMCI does not knowingly collect personal information from children under the age of 13. If SMCI learns that it possesses information from a child under the age of 13, we delete that information from our systems. If you are a parent or guardian and are aware that your child has provided us with personal information, please contact us so that we will be able to take the necessary actions to delete such data.

SMCI's Sites use Cookies. Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are useful because they allow a website to recognize a user’s device. Cookies help with a variety of website functions including allowing users to “log in” to websites (making your navigation of websites more efficient), remembering your preferences (such as language), and generally improving your experience on our Sites. Cookies can also help ensure that the advertisements and content you see online are more relevant to you and your interests. We may also include web beacons in marketing e-mail messages or our newsletters in order to determine whether messages have been opened and links contained within clicked on.

Some of our business partners set web beacons and Cookies on our site. In addition, third-party social media buttons may log certain information such as your IP address, browser type and language, access time, and referring website addresses. Further, if you are logged in to those social media sites, they may also link such collected information with your profile information on that site.

If you would like to opt-out of cookies, visit www.aboutcookies.org or www.allaboutcookies.org for further information. These websites also tell you how to set your browser not to accept cookies and how to remove cookies from your browser. However, in a few cases, some of the features on our Sites may not function as a result. More information on our use of cookies can be found in our Cookies Policy.

SMCI does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, you may be able to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

You may choose not to receive commercial emails from us by following the unsubscribe instructions contained in the commercial emails we send. You may also email us directly at webmaster@supermicro.com at any time if you would like to unsubscribe from our email service. Please note that even if you unsubscribe from commercial email messages, we may still email you regarding your account and your transactions.

SMCI, or third parties that we have engaged, may collect and store unique identifiers matched to your mobile device in order to deliver customized ads or content while you use our Sites, navigate the internet, or to identify you in a unique manner across devices or browsers. In order to customize these ads or content, we, or third parties, may collect your information, e.g., your email address, or data passively collected from you such as your device identifier or IP address.

By adjusting the privacy and security settings on your device, you can manage how your mobile device and mobile browser share information, as well as how your mobile browser handles Cookies and other tracking identifiers. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

At SMCI we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us. By making contact with SMCI and submitting information in the Inquiry Data, you indicate your consent that we may process that information for the purposes of offering, marketing and selling relevant goods and services to you. SMCI may share information with affiliates, resellers, suppliers, and service providers who to provide products and services that help market to customers or provide other requested customer services. You can also request us to send you marketing communications through managing your preferences in your account. If you have consented to receive marketing, you can unsubscribe yourself at any time from services to which you have subscribed by contacting us via email at webmaster@supermicro.com. Unsubscribing yourself from our Marketing material will not negatively impact the services you have requested.

You can inquire about your personal information, ask the following questions, or take the following actions by contacting us via email at webmaster@supermicro.com or via the address or phone number on our Sites to:

• See what information we have about you if any,

• Change/correct any information we have about you,

• Have us delete any information we have about you,

• Express any concerns you have about our use of your information.

Under certain conditions, you may have the right to request from SMCI, among other things:

• The right to access your personal data;

• The right to rectification of your personal data;

• The right to erasure of your personal data;

• The right to restrict processing of your personal data;

• The right to object to processing of your personal data;

• The right to data portability of your personal data;

• The right to unsubscribe from marketing material at any time;

• The right to withdraw consent; and

• The right to complain to a supervisory authority.

For more information on the full extent of your rights or to exercise your rights, please contact our Data Protection Officer by mail to the address below or e-mail at privacy@supermicro.com.

Subject to certain limits under California Civil Code § 1798.83, if you are a California resident, you may ask us to provide you with (i) a list of certain categories of personal information (as defined in the Civil Code) that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (ii) the identity of the third parties that received personal information from us for their direct marketing purposes during that calendar year. To make such a request, please contact us at privacy@supermicro.com.

Any material changes to this Privacy Statement will be posted on our webpage. It is your responsibility to review our Privacy Statement each time you provide Personal Information to us as the Privacy Statement may have changed since the last time you used our Sites or services.

If you have questions about SMCI’s privacy policies and practices, please e-mail us at privacy@supermicro.com.

Super Micro Computer, Inc.

980 Rock Ave. San Jose, CA 95131-1615, USA

Privacy Questions/Data Subject Requests: Privacy@Supermicro.com

General Info: Marketing@Supermicro.com

Tech Support: Support@Supermicro.com

Webmaster: Webmaster@Supermicro.com

In accordance with the GDPR, if you believe your data was unlawfully processed by SMCI, you may lodge a complaint with the appropriate Data Protection Authority.

Our data protection officer's contact details are:

Name: David Weigand

Email: DavidWeigand@supermicro.com

Postal Address: 980 Rock Avenue, San Jose, CA 95131

Effective May 25, 2018, we changed our Privacy Statement to clarify the types of information we collect about you, the ways we collect your information and how we may use and share your information.

Here is a summary of the changes:

1. We will now use the term “Sites” to describe our website, mobile apps, blogs, etc. as well as third party websites, mobile apps, social media sites,

2. We clarify the types of information we collect about you and the ways we collect this data. We collect information in many ways, including from third party sites, social media sites, and advertising networks.

3. We describe how we share and use your information whether collected by our Sites, or other websites, including social media sites and advertising partners, for the purposes of ad targeting, remarketing and customizing ad content.

4. We describe our use of email communications and text messaging and how to opt out and/or control these communications.

5. We notify users as to their rights under the California Shine the Light law.

6. We clarify that your information may be transferred across international borders for processing and other uses.

7. We clarify how we share your information with our suppliers, third party vendors and referring Sites.

8. We describe our use of Cookies and other tracking technologies. We will detail how these technologies work and how we may use and share the information we collect from these technologies.

9. We include information on Do Not Track signals.