October 16, 2018

Datafort Privacy Policy

This Privacy Policy (the “Policy”) explains how DATAFORT gathers and uses information you provide to us. We have created this Policy in order to demonstrate our commitment to privacy. By visiting DATAFORT® websites or using DATAFORT products or services, you are accepting the practices described in this Policy. If you do not agree with any aspect of this Policy, your only remedy is to discontinue your use of this website, our products, and our services. This Privacy Policy incorporates principles of notice, choice, onward transfer, security, data integrity, access, and enforcement and describes the ways in which any information we collect from you or that you provide to us will be processed by us. To fully understand your rights, we encourage you to read this Privacy Policy and to consult our Terms and Conditions of Use.

 1. INFORMATION WE COLLECT

Our Websites. We may collect information that your browser sends to our servers when you visit our websites. For example, your browser or device may send us information about the type of browser or device you are using as well as your internet protocol (“IP”) addresses (which may tell us generally where you are located). When you visit a DATAFORT website, your browser may also send us information such as the page that led you to our website. In limited circumstances, depending on the search engine you are using, your browser may also send us the search terms you typed into a search engine that led you to our website. By using cookies and similar technologies (see below), DATAFORT may collect information about how you use our websites and applications, and our servers may collect similar information when you are logged in to the website.

Personally Identifiable Information (“PII”). This is information you provide to us which personally identifies you, such as your name, email address, residential address, or other data that permits the identity of an individual to be directly or indirectly inferred. You may visit our websites without providing any personally identifiable information to us, except to the extent that IP addresses may be considered personally identifiable information in some jurisdictions. The only personally identifiable information DATAFORT collects and stores is the information that you choose to provide to us via an "opt-in" method, where you must affirmatively choose to provide DATAFORT with your personally identifiable information.

Managed Service Agreement. When you enter into a DATAFORT Managed Service Agreement, we collect your name, organization name, address, telephone number, and email address.

Log Files. To improve the services we offer you and to improve marketing, analytics, or site functionality, we gather certain information automatically and store it in log files. This information may include IP address, browser type, internet service provider (“ISP”), referring/exit page, operating system, date/time stamp, and/or clickstream data. We also log certain telephony information when we communicate with you over the telephone such as your phone number, time and date of calls, and duration of calls. Additionally, when you contact DATAFORT, we may keep a record of your communication with us.

Promotional Activities and Subscriptions. If you choose to subscribe to newsletters, blog subscriptions, promotional emails or other online or print materials or choose to participate in a DATAFORT promotional event, such as a webinar, survey, sweepstakes, tradeshow or other promotional activities online or in any other venue, DATAFORT may collect your name, company name, address, telephone number, postal code, and email address.

 MSP and Cloud Services Customers. If you are a DATAFORT Managed Service Provider (“MSP”) or a DATAFORT customer, DATAFORT collects information relevant to your subscription with DATAFORT for the purposes of billing, reporting, delivery of maintenance and support, and general account administration. This information may include your company name and company address, company telephone number, email address(es), county, and the name(s), telephone number(s), and email address(es) of the representative(s) you identify as contact persons at your company that we can contact for technical and account-related issues. This information may also include information concerning your customers if you provide that information to DATAFORT through the DATAFORT web portal or incident to a support request or query. You may only provide information to DATAFORT concerning a customer or other third party, including without limitation, if the customer or third party has authorised you to provide the information to us, including granting an appropriate consent under applicable data privacy laws and regulations. By providing information to DATAFORT concerning a customer or third party, you represent and warrant to DATAFORT that you have the necessary consent or authorisation to do so. We may also collect credit card information, direct debit or information necessary for you to pay directly from your bank account (see below).

Support Customers. When you request technical support, you provide us with your company name, and the name, email address, and telephone number of people at your company that we can contact.

DATAFORT Forum and Blogs. If you participate in the DATAFORT forum, message boards, or blogs, you may be asked to provide a name and an email address. If you choose to do so, you can also provide your job title; organization; interests; a Twitter, Facebook, and/or LinkedIn link; and your location. You understand that DATAFORT has no responsibility or liability for the privacy of any information you post to a DATAFORT website or social media platform such as the DATAFORT forum or DATAFORT Facebook page.

DATAFORT Partners. If you contact us to inquire about becoming a DATAFORT MSP or reseller partner, we collect your company name, company address, company telephone number, email address(es), and the names of people at your company that we can contact for technical and account-related issues.

 Behavioural Targeting / Re-Targeting. From time to time, we partner with one or more different companies to manage our advertising on other sites. Our third-party partner(s) may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you with advertising based upon your browsing activities and interests. If you do not want this information used for the purpose of serving you interest-based ads, you may opt-out by clicking the settings of the advertisement. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

 Job Applications. If you apply for a job with DATAFORT, create a candidate profile, or submit your resume, curriculum vitae, or other job application materials to DATAFORT, DATAFORT will collect the information you submit through the candidate profile or which is contained in the application materials you provide. 

2. SECURING AND STORING YOUR PERSONALLY IDENTIFIABLE INFORMATION

DATAFORT understands that the security of your personal information is important. We provide reasonable administrative, technical, and physical security controls to protect your personal information. We use reasonable security measures on our websites to protect against the loss, misuse and alteration of the information in our control. These security measures include use of Secure Socket Layer (“SSL”), firewalls, intrusion detection and prevention, network monitoring, and encryption and passwords. The Internet, however, is an open environment and data may flow across various networks, some of which employ inadequate security measures, resulting in unauthorized access to data. Transmission of such data is therefore entirely at your own risk. While it is impossible to completely protect a website, DATAFORT works hard to keep your data safe.

By using the DATAFORT website, or providing information to us through any means, you agree that we can communicate with you electronically about matters regarding security, privacy, and administrative issues.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.

If we store information you provide to us, we do store it on our secure servers. Details relating to any transactions will be transmitted using SSL technology.

3. USE OF YOUR INFORMATION

DATAFORT uses the information you provide to us to: (a) allow DATAFORT, our corporate affiliates, and our business partners to deliver DATAFORT products and services to you; (b) provide you with information you have requested from us; (c) carry out our obligations arising from any contracts and agreements we have entered into with you; (d) notify you about changes to our website and/or products and services; (e) tell you about other DATAFORT products and services we believe may be of interest to you; (f) improve our websites, services, and products; (g) fulfil any other purpose for which you provide the information. When you provide your information to us, you are consenting to our use of the information in this way. DATAFORT does not sell, trade, or otherwise transfer to third parties your personally identifiable information. This does not include trusted third parties who assist us in conducting our business, providing you with our products or services, or offering our products or services. These third parties are not permitted to use your information for their own purposes. DATAFORT may share your personal information when you agree and consent to such sharing, or when disclosure is necessary to deliver the products or services you have contracted to receive from us. 

If you are a DATAFORT Cloud Services customer, DATAFORT will not view the contents of the backup images you store in the DATAFORT Cloud. DATAFORT, however, may view file folder names, file extensions, file size information, and the like in order to deliver Cloud Services and associated technical support to you, but never the contents of your backup files. DATAFORT, for strategic or other business reasons, could at some time decide to sell, buy, merge or otherwise reorganize the business. Such a transaction may involve the disclosure or transfer to prospective or actual purchasers of personally identifiable information that DATAFORT, or its designee, has in its possession. It is DATAFORT’s practice to handle such transactions in a manner consistent with this Policy. 

Our website may, from time to time, contain links to third party websites like news sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. We recommend and encourage that you always review the privacy policies of third parties before you provide any personal information or complete any transaction with such parties.

We may access and/or disclose any information if we believe such action is necessary to: (a) comply with any law, judicial, proceeding, government request, court order, legal process, rule or regulation or any process served on DATAFORT; (b) protect and defend the rights or property of DATAFORT (including the enforcement of our agreements and investigation of potential violations thereof); (c) protect your safety or the safety of others; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) act in urgent circumstances or emergencies. 

4. USE OF COOKIES AND SIMILAR TECHNOLOGY

DATAFORT uses cookie technology. A cookie is a small file sent to your web browser and stored on your computer. They are unique identifiers that allow our systems to recognize your computer, let us know you have visited before, and tell us the pages you visited on our websites. Some of the cookies we use are essential to help you access and move around our site and use all its features. Without these cookies, our websites would not work properly and you would not be able to use certain important features. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences and improving the sign-in process. A cookie in no way gives us access to your computer or any information about you, other than the information you choose to share with us. If you do not want DATAFORT to send cookies to your web browser, you can set your browser options to reject non-essential cookies or notify you that our website is attempting to put a cookie into your browser. Be mindful, however, that rejecting cookies may affect your ability to use or take full advantage of DATAFORT websites and services. 

We also use cookies for website analytics and advertising. By counting the number of unique visitors to our website or developing other aggregate statistics about the operations of our sites and services, we can improve the performance of these sites and services. As you browse DATAFORT websites, advertising cookies may be placed on your computer from third parties to help us understand your interests. These web beacons allow the third party to set or read a cookie on your computer. Through the use of third-party analytics companies, we can then present you with retargeting advertising on other sites based on your previous interactions with DATAFORT. Information recorded through the use of this technology is aggregated and shared with us. No personally identifiable information about you is collected or shared by the third-party analytics providers we use. Nevertheless, you may be able to opt out from information collection or use by third-party analytics providers: To opt out of Google Analytics you will need to visit the Google website and install a browser add-on.
Emails we send you may include a web beacon that tells DATAFORT whether you have received or opened the email, or clicked a link within the email. If you do not want us to collect this information, configure your email application to prevent emails from being displayed as html. You have the choice to stop receiving marketing emails from DATAFORT by clicking the unsubscribe link included at the bottom of a DATAFORT marketing email.  You cannot opt out of certain emails we need to send you relating to normal business operations, such as an email to inform you that your subscription is expiring. 

5. SOCIAL MEDIA

Our website includes social media features, such as buttons, tools, or content that link to other companies’ services. (A Facebook "Like" button is one example.) When you interact with these buttons, information that you have entered into the social media platform may be passed along to us. In addition, when you see or interact with these buttons, tools, or content, or view a DATAFORT website containing them, some information from your browser may automatically be sent to the other company. Please read that company’s privacy policy for more information regarding its use of that information. 

6. ACCESSING AND UPDATING YOUR INFORMATION

DATAFORT gives you access to a range of information about your account and your interactions with DATAFORT. If you engage in a managed service agreement changes to the access policy of your account or addition or withdrawal of right to recover data can be made by sending an Account Change Request to [email protected]. This request must come from a user who is registered as the responsible account holder. To protect your privacy and security, we may require that you complete certain steps to verify your identity before granting you access to your data. At DATAFORT’s discretion, we may charge a small fee for such change requests.

7. DATA INTEGRITY

We take reasonable steps to ensure that your personal information we process is accurate, complete, and current by using the most recent information provided to us. 

8. U.S.-EU SAFE HARBOUR PROGRAM

DATAFORT has certified to the EU Safe Harbour Framework with respect to personal information we receive from our subsidiaries, corporate affiliates and customers, and other business partners located in the EU and Switzerland. DATAFORT complies with the EU Safe Harbour Framework and the Swiss Safe Harbour Framework as set forth regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. DATAFORT has certified that it adheres to the Safe Harbour Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  

Any personal information sent to us from our website visitors and other business partners in the European Economic Area (“EEA”) and Switzerland may be used by DATAFORT and its agents and business partners as described in this Privacy Policy and at the time the information was collected. If we plan to use personal information received from the EEA or Switzerland for a purpose that is incompatible with this Privacy Policy or if we plan to disclose such information to a third party for purposes incompatible with this Privacy Policy, we will provide you with notice and an opportunity to consent to such uses or disclosures as required by applicable law.

Except as permitted or required by applicable law, DATAFORT requires that its agents and service providers that have access to personal information received by DATAFORT from the EEA or Switzerland subscribe to the Safe Harbour Privacy Principles or enter into a written agreement that requires them to provide at least the same level of privacy protection as is required by the relevant Safe Harbour Principles. 

Enforcement
DATAFORT has established procedures for periodically verifying implementation of and compliance with the Safe Harbour principles. DATAFORT conducts an annual self-assessment of its privacy practices to verify that the attestations and assertions it makes about its privacy practices are true and that its privacy practices have been implemented as represented. 

Complaints
if you have any complaints regarding our compliance with the Safe Harbour program, you should first contact us at [email protected] 

9. COLLECTION AND USE OF CHILDREN’S PERSONAL INFORMATION

DATAFORT does not knowingly collect personal information from children under the age of 13. If DATAFORT learns that we have personal information on a child under the age of 13, we will delete that information from our systems. We encourage you to talk with your children about communicating with strangers and disclosing personal information online. 

10. DATA RETENTION

Please note that we need to retain certain information about you for legal and internal business reasons, such as fraud prevention. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Due to the nature of long-term, routine backup media it is not possible to delete all instances of an individual’s Personal Information from all backup media, but this media is protected by robust physical security measures, as well as encryption, and is disposed of based upon our backup retention policies or when the media is retired. 

11. REMOVAL PROCEDURES

As all information is collected via opt-in methods, we believe all information you receive from DATAFORT will be relevant to your computing and backup needs. However, if you do not wish to receive certain communications from DATAFORT, click the unsubscribe link on the marketing email or email [email protected] to let us know your preferences. Again, DATAFORT does not require that you provide us with personal information. The decision to provide personal information is voluntary. If you do not wish to provide the personal information requested, however, you may not be able to proceed with the activity or receive the benefit for which the personal information is being requested. 

12. CONDITIONS OF USE AND CHANGES TO OUR PRIVACY POLICY

This Policy and DATAFORT’s Terms of Use apply to your visit to a DATAFORT website, as well as any associated dispute over privacy. This includes rules governing limitations on liability and damages, and how and where a dispute will be resolved. If you have concerns about DATAFORT’s Privacy Policy or DATAFORT’s handling of your data, please let us know by emailing us at [email protected] Include a thorough description of your concerns and we will try to address them. DATAFORT and its product and service offerings are growing fast. That means our Privacy Policy and Terms and Conditions of Use will change from time to time. When those changes occur, we may send you an email or reference those changes in our MSP, Reseller, or Cloud Services Portals. But please check DATAFORT.com periodically to see if changes have occurred. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. 

13. GOVERNMENT REGULATION

DATAFORT is a company registered in England subject to UK. Law. Information in DATAFORT’s possession is processed in the United Kingdom and countries within the European Union and is subject to the laws of the United Kingdom. 

14. MODIFICATIONS TO THIS POLICY

We reserve the right to modify this Policy at any time. Your continued use of any portion of this website following notification or posting of such changes will constitute your acceptance of those changes. Please check our websites for the most current version. 

15. QUESTIONS/CONCERNS

We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please contact us in writing at DATAFORT Ltd, DATAFORT House, 113 Walnut Tree Close, Guildford, Surrey GU1 4UQ, UK or by e-mail at [email protected] 

Last Revision: June 7, 2018.