PRIVACY STATEMENT

We have updated the entire document to clarify and reflect our latest stance on safeguarding user privacy. We have included the many services that are provided into one document to minimize redundancies and improve transparency.

Introduction

vCloudPoint holds itself to high standards in handling and processing personal information. The statement outlined below establishes the boundaries of what vCloudPoint processes and what you, as our customer and the data subject (“users“), are entitled to. This Privacy Statement applies when you use our features and services (“services“). Additionally, we have a Cookie Policy for use of our website.

vCloudPoint operates around the world and has adopted English as the controlling language of this Privacy Statement. Additional translations are provided for convenience. You may switch to other languages by using the language selection button at the bottom of the webpage.

Your Personal Data

Personal data refers to identifying information that relates to an individual. Identification can be by the data alone or in conjunction with any other data in the data controller’s possession or likely to come into such possession. vCloudPoint collects information only to provide you with services that you opted into. In order to provide you with our products or services, including responding to your inquiries, we may ask for your personal information. If you choose not to provide the requested information, we may be unable to deliver the desired services. Most of vCloudPoint’s services are provided under a vCloudPoint Account, and if you no longer require the service or wish to have your data removed, you may delete your vCloudPoint Account.

Examples of data we collect and store include:

• Your e-mail address, which is used as identification for our services and as the primary communication method.
• Your name, address, phone number, and additional contact information are used to provide registration, device shipping, and billing verification services.
• Your payment method (credit card, bank account number, etc.), which is used for payment transactions for a service or product.
• Your IP address and unique device identifiers are used for fraud prevention, security purposes, for warranty registration, support services, and for transactions.

Other information that you provide to us through digital or physical means may be stored on a case-by-case basis depending on the reason it was provided. For more specific information on the data collected and ways they are stored, please refer to the Services section.

Non-Personal Data

vCloudPoint may collect additional information that, by itself, cannot be used to identify any specific individual. This information is used to help facilitate our business operations. For example:

• Device analytics are opt-in and used to understand how our users interact with our products and services. Information collected cannot be used to identify our users nor the data that they store on their devices. Refer to the Services section for more information.
• We collect single-session information from our users when they browse our website, including help articles, to understand which topics are more important and if the content is relevant to our users or potential customers.

Lawful Bases and Other Usage

vCloudPoint only collects and processes personal data for which you give consent when it is necessary for the performance of a contract with you to provide a specific service, or in certain “legitimate interests” cases, that do not outweigh your rights and freedoms. Situations necessitating such actions may include to protect you, us, or others from security threats, to comply with laws we are subjected to, and to perform auditing. vCloudPoint may share your information with third parties only with your consent or for performance of contract. vCloudPoint does not share your personal information with third parties for the purpose of direct marketing.

Data Controllers, Contracting Parties, Transfer of Data

vCloudPoint’s services include providing technical support, device replacement, payment services, event registration, as well as the transfer of data based on users’ decisions, around the world. The nature of these services require us to be able to transfer data into and out of the European Union (EU) to vCloudPoint affiliates, authorized repair and support centers, authorized logistics companies, communications infrastructure, and other entities deemed necessary to carry out providing these services. vCloudPoint safeguards EU personal data when transferred out by adopting European Commission-approved Standard Contractual Clauses as a legal mechanism for data transfers to locations the European Commission have not deemed to have an adequate level of data protection.

Your Rights to your Personal Data

vCloudPoint’s services are generally provided on an opt-in basis, with required and collected information differing on a per service basis. Unless subject to an exemption, you will have the following rights with respect to your personal data:

• The right to delete data: You can ask us to delete data for which we no longer need in order to provide service to you.
• The right to correct or change data: You can modify your contact information through your vCloudPoint You can also ask us to change, update, or fix data that are incorrectly presented and unable to be changed by yourself.
• The right to object or restrict use of data: You can ask us to stop or limit the usage of some or all of your personal data that we no longer need, in order to provide service to you, or have legal rights to retain.
• Right to access: You may request a copy of your personal data that we have at the time.

You may make these requests by submitting a request through your vCloudPoint account or through our website.  Upon receipt, we will evaluate your request and inform you how we intend to proceed. Under certain circumstances, and according to applicable European Union or European Union state laws and regulations, we may withhold access to your data, or decline to modify, erase, port, or restrict the processing of your data. vCloudPoint will respond to your request within thirty days after receiving it.

Services

This Privacy Statement applies to vCloudPoint-provided services offered on vCloudPoint.com, vCloudPoint-branded applications, services provided from physical vCloudPoint products (“vCloudPoint Devices“), and digital or physical services directly offered by vCloudPoint unless stated otherwise. A list below details the characteristics of Services provided.

vCloudPoint Account

By creating an account, you can gain access to multiple vCloudPoint services, such as certain software downloads & usage for free, limited free trial units, and Technical Support. We collect basic information from you to help facilitate communications and provide services to you. vCloudPoint does not use this information for any other purpose. vCloudPoint does not share this information unless otherwise specified for the particular service. Information about specific functionalities is listed below. You may delete your vCloudPoint Account at any time. However, we may be unable to provide you certain services afterwards. Account deletions, including all the associated data with the specified account, are irreversible. vCloudPoint may retain certain data in order to fulfil our legal obligations, which differ on a per service basis.

TECHNICAL SUPPORT

Data we collect

You may request vCloudPoint Technical Support assistance through our website, live chat, or by phone. Submitting a Technical Support form requires a vCloudPoint Account. vCloudPoint collects and stores information that is needed to investigate, respond to, and resolve your technical support request. When you make a phone request to vCloudPoint’s Technical Support hotline, our technical support agent will ask for your consent on phone recording at the beginning of the conversation. Your personal information, including name, vCloudPoint Account, and detail on your vCloudPoint product will be recorded in our systems. You may view, track, respond to your Technical Support ticket via your vCloudPoint Account. If you don’t have a vCloudPoint Account, vCloudPoint’s technical representative will create a temporary account. You must enable it to track ticket status and to receive follow up information. In some cases, you may be requested to provide remote access information. vCloudPoint technical support agents together in some cases with vCloudPoint software engineers may utilize the credentials provided to directly access your device. When a device replacement or spare part is requested, you will be required to provide a valid shipping address. In certain cases, you may be asked to provide payment for support services, shipping charges, or spare parts.

How we use your data

When you submit a Technical Support form in your vCloudPoint Account, you are required to provide the essential product information that is needed to investigate, respond to, and resolve your technical support request. During the investigation, vCloudPoint may request additional information that is required to resolve the matter. Depending on the complexity and the severity of the request, the support ticket may be escalated to parties within vCloudPoint to investigate, respond to, and resolve your request. The information revealed to involved parties is strictly limited. vCloudPoint restricts access to both the raw and aggregated data by specific employee roles. vCloudPoint only uses information we obtain from technical support requests to resolve your issue. After removing your personal information, we may use some of the technical details to generate bug reports if the problem was previously unknown to implement a solution for our products. If shipping is required, your shipping address and contact information may be passed to third-party logistics partners.

How we store your data

vCloudPoint restricts access to both the raw and aggregated data by specific employee roles. When you provide remote access information, vCloudPoint will retain it until the ticket has been resolved. vCloudPoint keeps communication records and survey records for a minimum of three years for internal auditing and statistical purposes. If you wish to remove your personal information from our systems, you may choose to delete your vCloudPoint Account. We may choose to retain technical details of the problem, such as steps to reproduce it, the technical details of the environment, and what steps were taken to resolve it. vCloudPoint will keep all shipping records for internal auditing and inventory control purposes indefinitely.

PUSH NOTIFICATION

Data we collect

vCloudPoint collects device-specific information (such as your hardware model, serial number, unique device identifiers, and notification destination device ID, token for push notification, and email).

How we use your data

vCloudPoint uses the information collected from your devices in order to complete the push notification process from source to destination. The notification from DSM/SRM/Surveillance Station will be kept for seven days, for recalling previous notifications.

How we store your data

The record used to identify the NAS is stored permanently. The NAS cannot be identified from the transmitted information. Notifications are discarded after being sent, excluding the seven-day retention period on the NAS.

Security

vCloudPoint employs multiple methods of data protection in order to minimize the risk of misuse, unauthorized access and disclosure, and loss of access. Some of these safeguards include the use of pseudonymization, data encryption, data hashing, and other technologies and permission control methods. When our employees directly handle, or access your personal information, we do so on secured networks and through fine-grained permission control to limit who can access your information. Data you provide to us is encrypted and stored on both third-party storage and on vCloudPoint-managed devices, depending on the service.

vCloudPoint logs and stores IP addresses of both users to our web services solely for security purposes. This log is archived and then removed at irregular intervals depending on ongoing or existing security threats or investigations. If vCloudPoint has overwhelming evidence that certain IP addresses, users, or devices may be purposely damaging or hindering our operations or service quality, we may deny further services and/or report such behavior to relevant authorities.

vCloudPoint removes data that is no longer required to provide services based on each service.

Changes to Statement

vCloudPoint may make amendments to this document when needed to reflect statement updates, customer feedback, as well as new products or services. We will provide a brief overview of the changes, and if the terms modify the way we process or handle your data or affect your rights, we will notify you through direct message or by posting notices if we are unable to directly reach you. We encourage that you regularly review this Privacy Statement to understand how your data is handled.

Data from Children

vCloudPoint’s products and services are targeted at professionals and are not designed nor intended to be used by children under 13 years of age. vCloudPoint does not typically collect date of birth information as it is not used by vCloudPoint. If children under the minimum age of the relevant jurisdiction must use vCloudPoint’s products and services, explicit parental consent must be provided and verified. If vCloudPoint is notified or discovers that data collected is from a child under the minimum age, we will take procedures to delete the information as soon as possible.

Do Not Track

vCloudPoint does not track users to provide targeted advertising and therefore will not respond to Do Not Track (DNT) signals.

Notice to End Users

Certain vCloudPoint products or services may be managed or administered to you by organizations or other users. Your use of these managed vCloudPoint products or services will be affected by the terms or policies that are provided and dictated by the organization or service provider. Please direct inquiries in these instances to the administrator of the device or service. vCloudPoint will not be responsible for the privacy or security practices, including the lawfulness of practices for our customers as they may manage or implement our products and services in a manner that is no longer determined by vCloudPoint’s policies or agreements.

Contact Information

You can directly contact us through your vCloudPoint Account, or by submitting a form on our website for privacy related questions or concerns. If you are unable to resolve the issue, you have options to exercise your rights as detailed in the previous Your Rights to your Personal Data section. vCloudPoint will respond to your requests within thirty days after receiving it.