Privacy Policy

FileShadow, Inc. and its affiliates (referred to herein as “FileShadow” or “we”) collect information about you when you use our website at www.fileshadow.com and other websites, applications or other online services that we operate (collectively, the “Services”).

BY USING THE SERVICES, YOU CONSENT TO THE PROCESSING OF INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES.

1. SCOPE OF THIS PRIVACY POLICY

This Privacy Policy describes the information that FileShadow collects (directly or indirectly) and why we collect it, what we do with the information we collect and how you can manage your information through the Services. This Privacy Policy applies to you when you use our Services or communicate with us offline, such as by telephone.

If a particular Service has its own privacy policy or links to a different privacy policy, then that privacy policy -- not this Privacy Policy -- applies. This Privacy Policy also does not apply to any website or service that does not display or link to this Privacy Policy.

Our agreements with certain customers may contain provisions about the collection, use, storage and disposal of Personal Information collected through the Services and offline. If a provision of a customer agreement conflicts or otherwise is inconsistent with a provision of this Privacy Policy, then such provision of the customer agreement will prevail but solely to the extent of the conflict or inconsistency.

This Privacy Policy is incorporated into and made a part of our Terms of Service. If you have not done so already, please also review the Terms of Service.

2. INFORMATION WE COLLECT

“Personal Information” is information that directly or indirectly identifies you, such as your name, email address and device identifiers.

“Usage Information” is information that, by itself does not individually identify you, such as browser type, operating system, the webpages you viewed and how long you viewed them. FileShadow generally does not treat Usage Information as Personal Information unless required by applicable law.

We may link together different types of Usage Information or link Usage Information to Personal Information. If linked information directly or indirectly identifies an individual person, then FileShadow treats the linked information as Personal Information.

For the purposes of this Privacy Policy, to “process” Personal Information means to perform any operation on Personal Information, whether or not by automated means, such as collecting, recording, organizing, storing, adapting, using, disclosing, combining, erasing or destroying.

To process your information as described in this Privacy Policy, we rely on the following legal bases:

1. Provide our Services to you: Most of time, the reason we process your information is to performthe contract that you have with us. For example, we use your information to maintain your account.
2. Legitimate interests: We use your information when we have legitimate interests in doing so.For example, we analyze users’ behavior to continuously improve Services and for administrative, fraud detection and legal purposes.
3. Consent: From time to time, we may ask for your consent to use your information for certainspecific reasons. You may withdraw your consent at any time by contacting us using the information provided below.
   

3. HOW WE COLLECT INFORMATION

User Provided Information: We collect information that you provide directly to us, such as when you create or modify your account, request customer support, connect the Services to your cloud storage, upload or transfer files into the Services, or otherwise communicate with us. This information includes (a) your name, postal address, email address and telephone number; (b) username, password and other registration information; (c) transaction-related information, such as when you download or use applications from us or register for the Services; (d) information you provide us when you contact us for help; (e) files and pictures in your cloud storage, and (f) other information you choose to provide and enter using the Services.

Automatically Collected Information: The Services automatically collect information about how you use the Services, such as (i) your mobile device or computer type, including your system and application software; (ii) the type of mobile device or computer you use, the pages and screens you view and how long you viewed them; (iii) your mobile device’s unique device ID; (iv) the IP address of your computer or mobile device; (v) your operating system, traffic data, logs and other communication data; and (vi) metadata and other information associated with other files stored on your device (e.g., photographs, audio and video clips and personal contacts). Some of this automatically collected information is Personal Information.

Information Collected from Third-Party Sources: We may combine information we receive from other sources with information we collect through the Services. For example, (A) if your employer uses one of our enterprise solutions, we may receive information about you from your employer; (B) if you engage with a third-party site application whose API we use (or who uses our API), we may receive information about you or your connections from such site or application; or (C) if you are referred to us by one of our referral partners, we receive information about you from such referral partner.

4. COOKIES AND OTHER DATA COLLECTION TECHNOLOGY

The Services may use cookies, pixel tabs (also known as web beacons, flash cookies and clear GIFs) and similar technology (“Data Collection Technology”).

Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (i.e., the internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie may contain information about your computer, such as user settings, browsing history and activities conducted while using the Services. A web beacon (also called a pixel tag or clear GIF) is a piece of computer code that enables us to monitor user activity and website traffic. To learn more about cookies and web beacons, visit www.allaboutcookies.org.

Data Collection Technology helps us improve your experience of the Services by, for example, storing your password, measuring the success of marketing campaigns, compiling statistics related to use of the Services and helping us analyze technical and navigational information about the Services in order to detect and prevent fraud.

We may use other Data Collection Technology to collect information from the computer or device that you use to access the Services, such as your operating system type, browser type, domain and other system settings, including the language your system uses and the country and time zone in which your computer or device is located.

We also use Google Analytics, which is a Google service that collects aggregate information about use of the Services and reports website trends. Google Analytics does not directly identify individual users. You can learn about Google’s practices and opt out by visiting www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.

Your Control of Cookies: Some web browsers, including some mobile web browsers, provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer, tablet or mobile device. You also may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

Do Not Track Signals: Some web browsers, including Safari, Internet Explorer, Firefox and Chrome, incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives such DNT signal, the browser can block that website from collecting certain Personal Information. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including FileShadow, do not respond to DNT signals.

5. HOW WE USE INFORMATION

We may use the information that we collect about you to (a) operate and provide you with the Services; (b) enhance and improve the Services (e.g., by identifying business partners who can provide supplementary services); (c) fulfill any other purpose for which you provide your information; (d) carry out FileShadow’s obligations and enforce FileShadow’s rights arising under any agreement between FileShadow and you; (e) notify you when updates to the Services are available; (f) send or facilitate communications between you and other users (e.g., between a driver and fleet operator in connection with your use of certain features of the Services); (g) determine how the Services are used, analyze trends and improve the Services; and (h) to secure and protect the Services and prevent and investigate fraud and other misuses of the Services.

6. HOW WE SHARE INFORMATION

FileShadow shares your Personal Information as requested by you, for any purpose disclosed by FileShadow when you provide such information, to fulfill the purpose for which you provide such information, and in order to provide the Services for which you signed up, or were signed up, to your employer or any other person or entity for which you provide a fleet identification number in your use of the Services.

FileShadow may share your information (a) with FileShadow’s affiliates and business partners who help us provide, analyze and improve the Services; (b) with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of FileShadow’s assets; (c) to comply with any court order, law or legal process, including to respond to any governmental or regulatory request; (d) to carry out FileShadow’s obligations and enforce FileShadow’s rights arising under any agreement between FileShadow and you; and (e) if FileShadow believes disclosure is necessary to protect the rights, property or safety of FileShadow, our customers or others.

FileShadow may disclose Usage Information without restriction.

7. YOUR CHOICES ABOUT INFORMATION

If you would like to review, correct, update or delete Personal Information that you have previously provided to us or if you would like to suppress, restrict or receive an electronic copy of your Personal Information (if these rights are provided to you by applicable law), please contact us via email at privacy@fileshadow.com.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database and any other limitations you would like to put on our use of your Personal Information. For your protection, we only fulfill requests when received from the email address associated with your account. We may need to verify your identity before fulfilling your request.

Please note that we often need to retain certain information for record keeping purposes and/or to complete any transaction that you began prior to requesting a change or deletion. We also may not allow you to review certain data for legal, security or other reasons.

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:

1. the length of time we have an ongoing relationship with you and provide Services to you (e.g., foras long as you have an account with us or keep using the Services);
2. whether there is a legal obligation to which we are subject (e.g., certain laws require us to keeprecords of your transactions for a certain period of time before we can delete them);
   
3. whether retention is advisable considering our legal position (e.g., for statutes of limitations,litigation or regulatory investigations).
   

If at any time you believe that we have not adhered to this Privacy Policy, please let us know. We will use good faith efforts to determine and correct the problem.

If you are a resident of the European Economic Area, you have the right to lodge a complaint with a data protection authority about how we process your Personal Information.

Notice to California Residents: California Civil Code Section 1798.83 permits individual 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 contact us at privacy@fileshadow.com. Please note, however, that FileShadow does not disclose Personal Information to third parties for their direct marketing purposes.

8. SECURITY OF YOUR INFORMATION

We are concerned about safeguarding your information. We use physical, technical, and organizational safeguards intended to protect information that we process and maintain. Unfortunately, however, no system or online transmission of information is completely secure. We cannot guarantee the security of information transmitted to or through the Services. Any transmission is at your own risk and we expect that you will use appropriate security measures to protect your information.

You are responsible for maintaining the security of any password or other form of authentication involved in obtaining access to password-protected or secure areas of the Services. Access to the Services through your credentials will be treated as authorized by you. Unauthorized access to password protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security.

If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.

9. LINKS TO OTHER WEBSITES AND SERVICES

The Services may include links to third-party websites and services that are not operated by us. When you click these links, you will be directed away from the Services. A link to a third-party website or service does not mean that we endorse it or the quality or accuracy of the information presented on or in such third-party website or service. If you decide to visit a third-party website or service, you are subject to its privacy practices and policies, not ours. This Privacy Policy does not apply to any Personal Information that you provide to these other websites and services.

10. CHANGES TO PRIVACY POLICY

The Effective Date of this Privacy Policy is set forth at the top of this webpage. As we add new features to the Services, we may amend this Privacy Policy. If we make a material change to this Privacy Policy that reduces your privacy rights, we will notify you in advance by sending an email and/or posting a notice in the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.

11. CHILDREN’S PRIVACY

The Services are not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we have received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services.

California Minors: While the Service is not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: privacy@fileshadow.com When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the Content or information. Removal of your content or information from the Service does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.

12. NOTICE TO INTERNATIONAL VISITORS

We are headquartered in the United States and the Services are controlled and operated from the United States. We process and store Personal Information in the United States, where privacy laws may not be as protective as in your place of residence. If you are using the Services from outside of the United States, by providing your Personal Information to us, you consent to the transfer of your Personal Information to the United States for processing consistent with this Privacy Policy.

13. CONTACT US

If you have any questions regarding privacy while using the Services or have questions about our practices, please contact us via email at privacy@fileshadow.com.
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14. WHAT WE BELIEVE ABOUT PRIVACY