Privacy Policy

Last Updated: April 5th, 2021

databkup S.A., a company incorporated under the laws of The British Virgin Islands, (the “Company” or databkup) is a backup and recovery solutions provider, which helps organizations to protect themselves from critical data loss due to file corruption, accidental user error, and malicious acts. The company provides services including backup, comparison, recovery, archiving, and management of large and complex data.

This Privacy Policy covers the company´s practices as well as to the services and web-based applications provided by databkup (our “services”). This Policy explains how we may use certain information we collect when you contact us, visit our Websites or contract our services. By using the company´s Website or by contracting any of our Services, you are consenting to our practices as described in this Privacy Policy.

databkup collects personal information in a variety of contexts, each of which is defined below. The categories of information, types of information, sources of information and our purposes for collecting, processing, using, and sharing such information is determined based on this context.

Personal Information collected through a website, but in a different context defined in this Policy, such as the Interactions with Job Applicants Context or Products and Services context, is treated in compliance with the stated context and not the Websites Context.

If you do not agree with the terms, do not access or use our Site, services, or any other aspect of databkup’s business. By using or accessing our Site or services in any manner, you acknowledge that you accept the practices and policies outlined in this Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

This Privacy Policy applies to databkup’s collection and use of personal information belonging to you or other persons, such as in the following use cases:

When you browse or visit our website, available at: databkup.com (“Website”);
When you contact us (e.g. customer support, need help, submit a request);
When you attend a marketing event and provide us with your personal data;
When we use the personal data of our customers (e.g. contact details);
When we use the personal data of our resellers, distributors, agents and/or finders (e.g. contact details);
When we use the personal data of our service providers (e.g. contact details);
When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn);
When we use Market Research tools we collect Personal Information from third party service providers for the purpose of market research, product research, targeted advertising, and business development.

Categories of sources of information

Original Sources Information provided by an individual about that individual.

Customer Sources Information provided about an individual by a customer, such as when one employee of a customer provides information about a colleague in the course of setting up services. For example, a storage administrator for a customer entity may set up administrative accounts for their colleagues that include providing their colleagues’ email addresses and telephone numbers.

Third Party Sources Information collected from third-party sources, such as publicly available databases, social media platforms, third party providers of market research data, and our affiliates, business and joint marketing partners who share information with us.

Services Sources Information sent to databkup by our services because you use our services.

Sale of personal information

databkup does not sell Personal Information collected in any Context under this Privacy Policy.

Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

databkup acts as a data controller when we collect and process Personal Data (as defined below) for databkup’s legitimate interests, such as analyzing user interaction with our Site to enable the use of our Site.

databkup’s affiliates or subsidiaries may also act as data controllers to the extent Customers purchase the product and services from those entities or Personal Data is shared with those entities.

databkup acts as a data processor when we provide our products and services to our Customers. When acting as a data processor, databkup will only process Personal Data (as defined below) in accordance with a Customer’s instructions and this Policy.

databkup’s affiliates or subsidiaries may also act as data processors to the extent Customers purchase the product and services from those entities or Personal Data is shared with those entities.

What personal data we collect and process

databkup collects several different types of personal data for various purposes.

We will only collect this information where permitted by law.

“Personal Information” is information relating to, directly or indirectly, an identified or identifiable natural person or household. This includes things like your name, postal address, telephone number, and email address, as well as less obvious information, which are included in the following defined categories.

Individual Identifiers

This includes information like your:

Name;
Email address;
Address, State, Province, ZIP/Postal code, City, Country;
Telephone number;
Login alias;
IP address or other Information that identifies you regardless of your relationship to databkup.

Inferences

This includes customer profiles, usage preferences, or other information about an individual’s anticipated or assumed actions or behaviors.

Customer Records

This includes information like your company name, job title, account number, customer identifier, or Other Information that relates to you as a customer of databkup.

Education Information

This includes information about your educational history, such as the schools you have attended, the courses of study you followed, the status of any required continuing education for professional licensing, or Other Information relating to your education.

Commercial Information

This includes payment card data (we will never have this data), financial account information, account information, records of products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies of the customer, and Other Information necessary to collect and process payment for products and services ordered by the customer.

Electronic Network Information

This includes information like browser and device data, and internet or network activity information, such as activity on our Websites and Services, data collected through cookies, pixel tags and other technologies, and Other Information that is generated through your use of the internet to access our websites.

Geolocation Data

This includes information such as your precise location or city, state, county, or country, if you have such geolocation data enabled when using the applicable social media application. For example, if you use Facebook to “Check In” at a databkup-run event, we can collect that information.

Audio, electronic, visual, or similar information

This includes information that is captured on audio or video recording, such as if a telephone or video call is recorded, or simply observable in such interaction or in an Offline Context.

Professional and Employment Related Information

This includes your contact details, user name and password to be able to access the Careers Site where you can apply for jobs, and information about your current or past employers, memberships in professional associations or trade unions, and professional licensing status if you make such information publicly available in the context from which the Personal Information is collected, such as in your publicly available social media accounts, through a resume submitted to us, or by attending a professional event associated with an affinity group. This may also include your work authorization status, skills, information relating to references and any other information you elect to provide to us (e.g., employment preferences, willingness to relocate, current salary, desired salary, awards or professional memberships).

Sensitive Information Protected under Law

This includes characteristics of protected classifications under law, such as information about your age, race, religion, gender, gender identity, sexual preference, disability, political preference, trade union membership, philosophical views, marital status, medical or health information, genetic or biometric information, biometric templates, veteran status, background check information, judicial data or information on other judicial or administrative proceedings, or other pieces of information of particularly sensitive nature, if you make such information publicly available in the context from which the Personal Information is collected, such as in your publicly available social media accounts, through a resume submitted to us, or by attending a professional event associated with an affinity group.

databkup uses third-party service providers and sub-processors in the provision of the Products and Services.

Third Party Advertisement Personal Information collected through the Products and Services is not used for advertisement purposes.

Social Media

Categories and Types of Personal Information We Collect We collect Personal Information about you in Social Media context including Individual Identifiers, Customer Records, Inferences, Electronic Network Information, Geolocation Data, Professional and Employment Information, and Sensitive Information Protected under the Law.

Categories of Sources of Information Personal Information collected in the Social Media context is collected from Original Sources, Third-Party Sources, and Customer Sources.

Third Party Advertisement In addition to the third-party advertising companies we use to serve advertisements regarding goods and services that may be of interest to you when you access and use social media, a third-party social media provider may provide further advertising. Please review third party social media privacy policies for their advertisement and privacy policies.

Information on a Consumer’s Interaction with Site

Cookies;
Web Beacons;
Scripts;
Tracking tags.

Aggregate Data

“Aggregate Data” is anonymized information, learnings, logs, and data we collect about a group or category of services or users. Aggregate Data helps us understand trends in our users’ needs, so that we can consider new features or better tailor our services. This Policy in no way restricts or limits our collection and use of Aggregate Data. We may share Aggregate Data about our users with third parties for various purposes, including to help us better understand our Customers’ needs, improve our services, and for advertising and marketing purposes. We collect information you give us on our Site and when you register for and use our services.

Other Information

“Other Information” means any information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as: browser and device data, App usage data, data collected through cookies, pixel tags and other technologies, demographic information and other data provided by you that does not reveal your specific identity, or other types of information that has been aggregated in a manner such that it no longer reveals your specific identity.

How We May Use Your Personal Data

Unless otherwise limited by the context in which it was collected, Personal Information collected by databkup is used for our legitimate business purposes, including:

We may use this information solely for the purpose of providing the services and commercial purposes ancillary to providing the products or services.

How we may Share Personal Information

We do not share or otherwise disclose Personal Data we collect about you, except as described in this Privacy Notice or otherwise disclosed to you at the time the data is collected. Additionally, we do not sell the Personal Data we collect about you, as defined by the California Consumer Privacy Act (CCPA).

Third Party Advertisement

We do not use third-party advertising companies to serve advertisements based on Personal Information we collected Offline.

Change in databkup’s Business. We may also share personal information in connection with an acquisition, merger, or sale of all or a substantial portion of our business, with or to another company. In any such event, you will receive notice if your data is transferred and becomes subject to a substantially different privacy policy

We collect this data in order to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information. We use anonymous identifiers in order for us to present you with customized information, and in order to track users. We also use Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. We also use the following providers in providing our services and limited to, and might share information as per their request:

Hubspot (CRM)
Paddle (Billing)
Microsoft (Producity Suite and Scheduling)
Acronis (Backup Platform)
AWS (Storage Provider)
Wasabi (Storage Provider)

Please note that some of the above mentioned personal data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your personal data.

Legal basis for collecting and processing personal data

databkup legal basis for collecting and using the personal data described in this Data Protection Policy depends on the personal data we collect and the specific context in which we collect the information:

databkup needs the information to operate, evaluate, develop and improve our Services (including providing customer support; developing new products and services; manage our communications; determine the effectiveness of and optimizing our advertising; analyzing our products, services and websites).

You consented to the use of your Personal Data; or

The processing is necessary for entering into, or performance of a contract to which you are party; or

We, or a third party, have a legitimate interest in using your Personal Data for the purpose of providing improved products and communications.

Perform accounting, bookkeeping, auditing, and billing activities.

The processing is necessary for entering into, or performance of a contract to which you are party; or

The processing is necessary for compliance with a legal obligation or other regulatory obligations; or

We, or a third party, have a legitimate interest in using your Personal Data for the purpose of providing accounting, auditing, billing, reconciliation activities, and claims management functions.

Anonymize Personal Data, prepare and furnish aggregated data reports showing anonymized information (including, but not limited to the following: compilations, analyses, analytical and predictive models and rules, and other aggregated reports) for the purpose of advising our current and prospective customers, partners, investors and the public about trends, patterns and other insights that may be extracted from this data.

We, or a third party, have a legitimate interest in using your Personal Data for the purposes of anonymizing Personal Data and preparing and furnishing aggregated data reports.

Evaluate your interest in employment and contact you regarding possible employment.

You consented to the use of your Personal Data; or

The processing is necessary for entering into, or performance of a contract to which you are party; or

We, or a third party, have a legitimate interest in using your Personal Data for the purposes of evaluating your interest in employment and contacting you regarding possible employment.

Enforce our Terms and Conditions (Including our Subscription Services Agreement) or other legal agreements or rights, where necessary.

The processing is necessary for entering into, or performance of a contract to which you are party; or

The processing is necessary for compliance with a legal obligation or other regulatory obligations; or

We, or a third party, have a legitimate interest in using your Personal Data for the purposes of enforcing Terms and Conditions (Including our Subscription Services Agreement) and establishing, exercising and defending legal rights.

As may be required by applicable laws and regulations, government disclosure obligations, or requested by any judicial process or governmental agency having or claiming jurisdiction.

The processing is necessary for compliance with a legal obligation or other regulatory obligations; or

We, or a third party, have a legitimate interest in using your Personal Data for the purposes of responding to a judicial process, law enforcement or governmental agency.

Comply with applicable legal requirements and industry standards and our policies.

Data Retention

databkup will retain data, including Personal Data, in accordance with a Customer’s instructions, any applicable terms in the Customer Agreement, and as required by law.

We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

We may retain and use your information, even after your account is suspended or terminated, to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements. We may further retain information in an anonymous or aggregated form.

We review all personal data that the company holds regularly and may delete the data that is no longer necessary. Personal Information which still needs to be retained for a longer period will be archived/kept offline (made anonymous so that it cannot be identified to any individual) in a safe manner.

Data protection rights

Subject to applicable law(s), you have the right to:

Access your Personal Data, rectify it, restrict its processing, or request its deletion.

Receive the Personal Data you provided to us to transmit it to another company.

Withdraw any consent provided.

Where applicable, lodge a complaint with your Supervisory Authority.

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please contact us.

If you have any questions about this Privacy Policy, privacy practices, or if you would like to review, correct, access, amend or delete your Operational Personal Information, please contact us at privacy@databkup.com.

You may also have certain rights under applicable privacy laws, such as accessing, correcting and deleting Personal Data, objecting to processing of Personal Data, withdrawing of consent to processing Personal Data.

To the extent such privacy laws apply to you, we will respect your rights and comply with such laws.

You can exercise your rights by contacting us at privacy@databkup.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes. We reserve the right to charge an appropriate administrative fee where permitted by law. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

Cookies and Other Passive Data Collection

Cookies are small text files placed on your device when you visit our Websites. We use cookies to recognize you and your preferences, enhance the performance of our Websites and collect analytical information for the benefit of our business. Our Websites use a mixture of session (which expire with your browser session) and persistent (remain after your browser session expires) cookies to deliver services efficiently and to enhance the experience of using our Websites.

We use the following types of cookies for the purposes stated:

Strictly Necessary Cookies
These are cookies that are required for the operation of our Websites. They include, for example, cookies that enable you to log into secure areas of our Websites, use a shopping cart or fill in a form.

Analytical/Performance Cookies
These cookies are used to provide us with statistical information about our Websites which we use to measure performance and to improve how our Websites work. These cookies allow us to recognize and count the number of visitors and to see how visitors move around our Websites. All information these cookies collect is aggregated and therefore anonymous.

Functionality Cookies
These cookies are used to recognize you when you return to a Website. This enables us to personalize our content for you, tailor our interactions with you and remember your preferences.

By continuing to use our Websites you agree that we can place these types of cookies on your device. You may block most cookies by activating the settings on your browser that allow you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our Websites.

To opt out of being tracked by Google Analytics across all websites visit https://tools.google.com/dlpage/gaoptout.

Passive Data Collection from use of Websites.
We may passively collect such information as device information, log information, browser type, query specifics and Internet Protocol address. We gather this information through the use of various technologies such as cookies, described above, web beacons (as described below) and other electronic files used to track your navigation of our Websites, your completion of transactions and other browsing behavior.

databkup may use web beacons alone or in conjunction with cookies to operate and improve our Websites and to gather information about usage of our Websites and interaction with emails or other electronic communications from databkup. Web beacons are clear electronic images that can recognize certain types of information on your device, such as cookies, when you viewed a particular Website tied to the web beacon, and a description of a Website tied to the web beacon. databkup may place web beacons in marketing emails or other electronic messages that notify us when you click on a link in the email that directs you to one of our Websites.

Security

databkup uses reasonable and appropriate technical and organizational security measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us.

While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. We cannot guarantee that any passively-collected personal information you choose to include in documents you store on our systems are maintained at adequate levels of protection to meet specific needs or obligations you may have relating to that information.

Third party web sites and the databkup platform

The databkup Platform may contain links to other Web sites or services. databkup is not responsible for the privacy, information or other practices of third parties, including any third party operating any website or service to which the databkup Platform links, or for the content of other Web sites. The inclusion of a link on the databkup Platform does not imply endorsement of the linked site or service by us or by our subsidiaries.

Change of Control

If the ownership of our business changes, we may transfer your information to the new owner so they can continue to operate the service. But they will still honor the commitments we have made in this Privacy Policy.

California Privacy Rights

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@databkup.com. Please note that we are only required to respond to one request per customer each year.

Deletion of Content from California Residents: If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or personal information you have publicly posted. If you wish to remove such content or personal information and you specify which content or personal information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or personal information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

California Do Not Track Notice: We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site.

Request access to and receive information about the Personal Data we maintain about you, to update and correct inaccuracies in your Personal Data, to restrict the processing of your Personal Data, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
Withdraw any consent you previously provided to us regarding the processing of your Personal Data, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.

Additionally, if you are located in California, we will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights, except where the different price or level of quality of good or service is reasonably related to the value of the data that we receive from you. In some instances, we may not be able to provide you with the good or service that you request if you choose to exercise certain rights.

If you are located in California, you may also choose to exercise the following right(s):

Not to provide Personal Data to databkup by refraining from submitting Personal Data directly to us. When we collect Personal Data from you, we indicate whether and why it is necessary to provide it to us, as well as the consequences of failing to do so. If you do not provide Personal Data, you may not be able to benefit from the full range of databkup’s products and services, and we may not be able to provide you with the databkup products or services if that information is necessary to provide you with them, or if we are legally or contractually required to collect it in relation to the provision of such product or service.

To opt out of the collection and use of certain information, which we collect about you by automated means, when you visit our websites or use our apps. In certain jurisdictions, you can exercise your choice regarding the use of cookies and similar technologies via the Cookie Consent tool displayed at the bottom of our Website. Your browser may tell you how to be notified of and opt out of having certain types of cookies placed on your device. Note that without certain cookies you may not be able to use all of the features of our websites, apps or online services.

To opt out of certain uses of information, which we collect about you by automated means when you visit third-party websites and interact with our ads. We may use service providers to serve ads on those third-party websites. These ads may be customized and served based on the use of data we and our partners have collected on our websites and apps. In addition, some of our service providers and partners may collect information about your online activities over time and across third-party websites to customize and serve these ads.

databkup’s ads are sometimes delivered with icons that help consumers (i) learn more about how their data is being used and (ii) exercise choices they may have regarding the use of their data.

To tell us not to send you marketing emails by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated below.

The above rights may be limited in some circumstances by local law requirements.

Use by Children

We do not offer our products or services for use by children and, therefore, we do not knowingly collect personal data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any personal data to us without involvement of a parent or a guardian. In the event that we become aware that you provide personal data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at: privacy@databkup.com

Updates to our Policy

We may update this Privacy Policy from time to time. Please consult the “Effective Date” below to see when the Policy has been most recently updated. We encourage you to check this Policy frequently to see updates that may affect how your information may be used. Your continued use of our Websites and Products constitutes acceptance of any changes to this Policy.

Data Transfers

databkup is a global business. We may transfer your Personal Data to the United States and other countries which may not have the same data protection laws as the country in which you initially provided the information, but we will protect your Personal Data in accordance with this Privacy Notice, or as otherwise disclosed to you.

If you are located in the EEA, we will transfer your Personal Data in accordance with this Privacy Notice and make use of accepted data transfer mechanisms, such as data transfer agreements that incorporate Standard Contractual Clauses approved by the European Commission.

Log Files

We use log files for analytic tools. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.

Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with Personal Data we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

HubSpot. We use a software called “HubSpot”, an email marketing and analytics platform to understand the use of our services. HubSpot is exposed to unique identifiers and technical data, such as IP address of the internet service provider. The use of this data allows us to analyze our campaigns and performance, as well as your browsing habits and characteristics. . HubSpot’s terms of use (available at: https://legal.hubspot.com/website-terms-of-use) and privacy policy (available at: https://legal.hubspot.com/privacy-policy ) also apply to the use of HubSpot.

We reserve the right to remove or add new analytic tools.

How to Contact Us

You can e-mail us at privacy@databkup.com with any questions, comments, or concerns around our privacy practices and policies.

You may submit a request to exercise your rights or share any questions, comments, or complaints about this Privacy Notice or our privacy practices by e-mailing us at privacy@databkup.com.