Privacy Policy GDPR Updates
Our Privacy Policy
We are committed to protecting our visitors’ and members’ privacy. This Privacy Policy explains what information of yours will be collected by CloudApp, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy.
This document is for your information only. The “Company”, “CloudApp”, “us”, “we” or “our” refers to CloudApp Inc., the owner of CloudApp, a company incorporated in the State of California, USA.
BY USING OUR WEBSITE / WEB APPLICATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.
Please review the following carefully so that you understand our privacy practices.
Definitions
“Consent” of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
By “Content” we mean the audio and visual information, documents, software, products and services contained or made available to you by the Company in the course of using CloudApp.
By “Company technology” we mean all of company’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by CloudApp.
“Controller” is given the same meaning as in the GDPR, which we summarize as the party that determines the purposes and means of the processing of personal data – the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other’s personnel.
By “Customer data” we mean any data, information or material provided or submitted by you to CloudAppin the course of using CloudApp.
“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.
By “Intellectual property rights” we mean unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
By “License term(s)” we mean the period(s) during which you are licensed to use CloudApp pursuant to this Agreement and any applicable order form(s).
“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU. It is important to be clear about how personnel’s rights are protected.
“Data Subjects” refers to those individuals residing in the EU who are consumers or users of Company goods or services (also “consumers”), as well as any personnel who reside in the EU.
“Personal Data” is given the same meaning as in the GDPR which we summarize here as: any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymized, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.
“Processing” is given the same meaning as in the GDPR, which we summarize as including: collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting or destroying, personal data (“Process” and “Processed” shall have similar meanings).
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Pseudonymisation” is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Restriction of processing” is the marking of stored personal data with the aim of limiting their processing in the future.
“Processor” is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
“Third party” is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
By “User” we mean an individual authorised to use CloudApp and have been supplied user identifications and passwords (or by Company at your request or the applicable Administrator’s request).
The Information We Collect
You provide us information about yourself, such as your name and email address, when you register. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
In addition, tracking information is collected as you navigate through our site. To help us serve your needs better, we use “cookies” to store and sometimes track user information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can be disabled or controlled by setting a preference within your browser.
We’re updating our cookie policy to provide you with complete transparency into what is being set when you visit our site and how it’s being used. On our cookie policy page you will also learn about steps you can take in order to control how your browser handles cookies. (TBP)
Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website.
Collection of general data and information
The website of CloudApp collects a series of general data and information when a data subject or automated system calls up the website or web application. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time (so-called timestamp) of access to the Internet site, (6) an Internet protocol address (IP address), and (7) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, CloudApp does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website and webapp correctly, (2) optimize the content of our website (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, CloudApp analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Newsletter Tracking
The newsletter of CloudApp contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, CloudApp may see if and when an email was opened by a data subject, and which links in the email were called up (clicked on) by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to continuously adapt the content of future newsletters to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. CloudApp automatically regards a withdrawal from the receipt of the newsletter as a revocation.
Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Rights of the data subject
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Right of confirmation
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Right to be forgotten
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Right of restriction of processing
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Right to data portability
Right to object
Automated individual decision-making, including profiling
Right to withdraw data protection consent
The way we use your information
Registration on our website
Our Commitment To Data Security
Our Commitment To Children’s Privacy
User Content and Message Confidentiality
Personally Identifiable Information
What does CloudApp do with the information collected from customers?
Outside Contractors and Third-Party Processors
What choices do I have regarding the collection, disclosure and distribution of personal information?
Our Legal Obligation to Disclose Personal Information
Can I update or correct my information?
Compromise of Personal Information
Your Information
Period for which the personal data will be stored
Links to Other Websites
Changes to Our Privacy Policy
Whom do I contact if I have any privacy questions or concerns?
If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy or GDPR, please contact our Data Protection Officer in any of the following ways:
- By email: [email protected]
- By postal mail or courier:
Attn: Data Protection Officer
431 Tehama St San Francisco, CA 94103