Backupify Privacy Statement

Effective Date: 1/24/2014

Backupify, Inc. (“Backupify,” “we,” “us,” or “our”) has created this privacy statement (“Privacy Statement”) in order to demonstrate our commitment to you, our user, (“you” or “your”) regarding your privacy with respect to information that you submit to Backupify by or through the Site (www.backupify.com) or Services (defined below), whether you are a “Visitor” (which means that you simply browse a Site), a “Subscriber” of Backupify (which means you have either registered with Backupify and established an Account or otherwise entered into a separate agreement with Backupify, with respect to the Sites and/or Services), or you are an employee, contractor or agent of a Subscriber that uses the Services for commercial purposes (a “Business Subscriber User”), using the Sites or Services in your capacity as an employee, contractor or agent of that Backupify Subscriber. Visitors, Subscribers and Business Subscriber Users are individually referred to as a “User,” and collectively, as “Users”.

A Subscriber that is a business, organization or an individual that is using the Services for commercial purposes (entities referred to as Business Subscribers in our Terms of Service) may control certain or all aspects of its Business Subscriber User’s Accounts. In order to make this Privacy Statement more readable, we refer to a Business Subscriber as an “Employer” with the understanding that the defined term may not be technically accurate in all cases.

Privacy on backupify.com and other sites we operate (each, a “Site”) is of great importance to us. Because we gather important information from our Users of the Sites and related services provided by Backupify (the “Services”), we have established this Privacy Statement as a means to communicate our information collection, use and dissemination practices. In order to access and use the Sites and/or Services, you must agree to our Terms of Service. Capitalized terms not defined in this Privacy Statement will have the meaning ascribed to them in the Terms of Service.

SCOPE OF THIS PRIVACY STATEMENT
This Privacy Statement describes Backupify’s use of Personal Information and Anonymous Information (each as defined below) that we collect from your use of, or access to, the Sites and Services, whether you are an individual or a company, as well as information we may use to update the information you provide us through other means. “Personal Information” means contact information (i.e., your name, address, email address, and/or telephone number) and any other non-public information that is used or intended to be used to personally identify an individual. “Anonymous Information” means information that is not used or intended to be used to personally identify an individual. “Backedup Data” means data and other files that exist on third-party websites that you designate for us to backup as part of the Services.

BY USING OUR SITE OR SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH OUR SITE OR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY STATEMENT AND YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY STATEMENT. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

TRUSTe European Safe Harbor certification Backupify has been awarded TRUSTe's Privacy Seal signifying that this privacy statement and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program only covers information collected on www.backupify.com and does not cover information that may be collected through any other site owned by us. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy statement or practices, please contact us at privacy@backupify.com. If you are not satisfied with our response you can contact TRUSTe here.

Backupify complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Backupify has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Backupify certification, please visit http://www.export.gov/safeharbor/.

INFORMATION COLLECTED
Personal Information
In general, the Personal Information we gather enables us to provide the Sites and Services to you. We collect Personal Information that you submit to us voluntarily. When you register with us and create an Account, we may ask you to provide certain Personal Information, such as your name, email address and phone number. We may request additional optional information to support your access to the Sites or Services. When you communicate with us by sending us an email, we may collect and store any information that is contained in your communications with us. You can choose not to provide us with certain information, but this may limit the features of the Sites or Services you are able to use. Please note that if you are a Business Subscriber User, we may receive Personal Information about you from your Employer (such as your name and email address). We also collect certain Personal Information from Subscribers in order to process subscriptions, including credit card numbers and associated billing information, to charge and collect the subscription fees. We refer to this information as “Billing information”. If you are a Subscriber that has purchased the Services through one of our resellers, we may receive from them Personal Information they have collected.

Backedup Data
The contents of Backed-up Data can include both Personal Information and Anonymous Information such as email addresses, home addresses, telephone numbers and other content communicated over email or inside contact fields, but we treat Backed-up Data differently regardless of its contents. We collect Backed-up Data that you have requested for us to collect from authorized third-party sites. If you are a Business Subscriber User, then your Employer may have designated the Backed-up Sites or authorized our services on your behalf. We will associate your Backed-up Data with your Personal Information.

We will access and use your Backed-up Data only when you (or, if you are a Business Subscriber User, your Employer, to the extent permitted by such Employer’s policies) grants us explicit permission to do so for troubleshooting purposes. We will not otherwise view, access or use the contents of your Backed-up Data without your written consent, but may view the related file system information (e.g., file and/or folder names, file extensions and sizes but not your file contents) to provide incremental backups and file comparisons, quality control, and technical support.

Anonymous Information
As you use the Sites or Services, certain Anonymous Information may be passively collected and stored on our or our service providers’ server logs, such as your Internet protocol address, domain names, browser type, and access times. We may use Cookies (defined below) or web bugs and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of your visit.

Cookies” are small pieces of information that a website sends to your browser while you are viewing a website. Standing alone, Cookies do not personally identify you but merely recognize your web browser. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your browser until you delete them) to improve your experience on the Sites (e.g., by keeping you logged in). Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, you may experience session errors and may need to log-in again for each page you visit on the Sites.

The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy statement. We do not have access or control over these cookies.

USE OF INFORMATION
Personal Information
We will use your Personal Information to:

  • Administer your Account
  • Provide you with Services and customer support
  • Tailor the features of the Sites or Services to you;
  • Respond to your requests, resolve disputes and/or troubleshoot problems;
  • Verify your compliance with your obligations in our Terms of Use; and
  • Communicate with you about the Sites and the Services.
    We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you. Notwithstanding the foregoing, we will only use your Billing Information to process and collect fees. For the avoidance of doubt we say that the term “you” and “your” in this section includes Business Subscriber Users.

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at privacy@backupify.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

We display personal testimonials of satisfied customers on our site in addition to other endorsements. Withyour consent we may post your testimonial along with your name.

We send administrative emails which pertain to the Sites and Services on a regular basis, and you may not opt-out of these emails. If you wish to not receive these emails, you must terminate your Subscription and cease use of the Services.

Anonymous Information
We may, through our use of Cookies, keep you logged into the Site during each session. We may also customize Site content to your interests and otherwise personalize your use of the Site. We may also use your Anonymous Information to improve our internal operations and software.

DISCLOSURE OF INFORMATION
Personal Information It is our general policy to restrict who can access Personal Information. Except as otherwise stated in this Privacy Statement, we do not trade, rent, or share the Personal Information that we collect with third-parties, unless you ask or authorize us to do so.

We may provide your Personal Information to third-party service providers who work on behalf of or with us to provide some of the services and features of the Sites or Services and to help us communicate with you. The types of third party service providers we may use are an email service provider to send emails out on our behalf, a credit card processing company to process payments, an export tool service provider to export certain information for our google apps services, and a third party customer service company who provides you with customer service on our behalf.

In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of your Personal Information to that entity. We will notify you (via a posting on a Site or email (in our discretion) of such a transfer, and you may choose to modify your registration information at that time. This means if you are concerned about your Personal Information being transferred to a new owner, you can deactivate your Account.

We may share some or all of your Personal Information with other third-parties to whom you ask us to send your information, or about whom you are otherwise notified and do not request to opt out of such sharing. This Privacy Statement does not cover the use of your Personal Information by such third-parties. We do not maintain responsibility for the manner in which third-parties use or further disclose your Personal Information after we have disclosed such information to those third-parties. If you do not want us to use or disclose Personal Information collected about you in the manners identified in this Privacy Statement, you should not use the Sites or Services. If you wish to opt-out of such sharing please contact us at privacy@backupify.com or that third party directly.

We reserve the right to disclose your Personal Information if we have a good faith belief that disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process or enforceable governmental request; (b) enforce our Terms of Service, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of Backupify, its users or the public as required or permitted by law You hereby consent to Backupify sharing your Personal Information under the circumstances described herein.

Backed-up Data We only share Backed-up Data as follows: - If you are a Business Subscriber User, to your Employer; - To third-party service providers who work on behalf of or with us to provide some of the services and features of the Sites or Services; or - If we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) comply with any applicable law, regulation, legal process or enforceable governmental request, (b) enforce our Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Backupify, its users or the public as required or permitted by law.

In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of your Backed-up Data to that entity. We will notify you (via a posting on a Site or email (in our discretion) of such a transfer. This means if you are concerned about your Backed-up Data being transferred to a new owner, you can deactivate your Account.

Anonymous Information We reserve the right to disclose Anonymous Information to third-parties in our discretion.

FEEDBACK If you provide feedback to us, we may use and disclose such feedback in accordance with the terms in our Terms of Service, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Statement.

THIRD PARTY SITES The Sites may contain links to other websites. Backupify is not responsible for the privacy practices or the content of these other websites. This Privacy Statement applies solely to information collected by us through the Sites or Services and does not apply to these third party websites. We encourage our Users to read the privacy statements of each and every website they visit. Users should always use caution and common sense when choosing to provide Personal Information on the Internet, particularly when it comes to information such as credit cards and other payment information. The ability to access information of third parties from the Sites or Services is for your convenience and does not signify our endorsement of such third parties, their services, other websites, locations or their contents.

SINGLE SIGN-ON
You can log in to our site using an Open ID provider such as Login with Google Apps. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

SOCIAL MEDIA FEATURES AND WIDGETS
Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy statement of the company providing it.

REGARDING CHILDREN
The Sites are not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years old, and no part of the Sites or Services is designed to attract people under 13 years old. If we later obtain actual knowledge that a User is under 13 years old, we will take steps to remove that User's Personal Information from our databases immediately.

SECURITY
We have put in place reasonable security measures to help protect against the loss, misuse, and alteration of your Personal Information. When our Sites are accessed using Internet Explorer version 6.0 or later, or Firefox version 2.0 or later, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption. Backupify also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Sites in a secure server environment that uses a firewall and other advanced technology to help prevent interference or access from outside intruders. These safeguards help prevent unauthorized access, and help to maintain data accuracy and appropriate use of Personal Information.

Despite such efforts, however, please note that no company, including Backupify, can fully eliminate risks or guarantee the security of your Personal Information; unauthorized entry or use, hardware or software failure, and other factors may compromise the security of information about you at any time, and we bear no liability for uses or disclosures of personal data or non-personal data arising in connection with the theft of your data.

CORRECTING & UPDATING YOUR INFORMATION
Users who would like to update, delete inaccuracies, or change information associated with their Account may do so at any time by editing their Account profile online or by sending us an email at support@backupify.com. If you change and/or request changes to your information, subsequent uses or disclosures of that information by us will reflect those changes. Please note, however, that we do not have the ability to update any information previously disclosed to any third party. Certain information is necessary in order for us to provide the Sites or Services; therefore, if you delete such necessary information you may not be able to use the Sites or Services. We will respond to your access request within 30 days.

Users can request a copy of their Backed-up Data by emailing us at support@backupify.com. For your protection, Users will be required to provide proof of identity to obtain a copy of their Backed-up Data.

If you wish to have your Personal Information and/or Backed-up Data deleted from our databases or to discontinue the Services, you may contact us at support@backupify.com or call (1-800-571-4984). Within a reasonable time period after we receive your request, we will remove your Personal Information and/or Backed-up Data. Please note, however, that even though you may request the deletion of your Personal Information or Backed-up Data by us, we may be required (by law or otherwise, such as to prevent fraud, resolve disputes, troubleshoot problems, or enforce our Terms of Services) to keep this information and not delete it (or to keep this information for a certain time) in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information or Backed-up Data, it will be deleted from the active database, but may remain in our archives.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at privacy@backupify.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Distinctions for Business Subscriber Users
For purposes of this section on Creating and Updating Your Information, if applicable User is an Employer: - Such Employer may request a copy of its Business Subscriber Users’ Backed-up Data; - Such Employer may prohibit the deletion of its Business Subscriber Users’ Backed-up Data without the Employer’s consent; and - Such Employer may request the deletion of its Business Subscriber Users’ Personal Information without the Business Subscriber User’s consent.

NOTIFICATION OF CHANGES This Privacy Statement is a living document. We reserve the right to modify this Privacy Statement at any time. If we are going to use your Personal Information or Backed-up Data that we have previously collected in a manner different from that stated at the time of collection, and you have provided us with your current email address, we will notify you at that email address of such change. In the event you have provided us with an invalid or incomplete email address, or we do not have your email address on file, a notice of any such changes will be posted to the applicable Site. You will have a choice as to whether or not we use your Personal Information in this different manner. Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; (ii) your continued access to and/or use of the Sites or Services fifteen (15) days after we first provide you with email notification of such modifications; or (iii) if we have not provided you with an email notification of such modifications, your continued access to and/or use of the Sites or Services thirty (30) days after we have first posted such notice to the applicable Site(s).

In addition, if we make any material changes to our Privacy Statement that do not affect User information already stored in our database, we will post a prominent notice on our Site notifying Users of the change, and, at our discretion, email Users who have opted to receive communications from us, notifying them of the changes in our privacy practices. It is your sole responsibility to check the Sites from time to time to view any such changes to the terms of this Privacy Statement. If you do not agree to any changes, if and when such changes may be made to this Privacy Statement, you must cease access to the Sites and use of the Services. You give us permission to email you for the purpose of notification as described in this Section.

CONTACT INFORMATION
If Users have any questions or suggestions regarding our Privacy Statement, please contact us:

Contact: Backupify, Inc.
Email: privacy@backupify.com
Address: 17 Sellers St, Cambridge, MA 02139