Effective Date: April 2, 2019
In the case of an unresolved data privacy or data use complaint, we kindly ask you to contact an independent dispute resolution provider (JAMS) using the following link https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim
1. Collection of Personal Information.
3. Collection of Anonymous, Passive Information.
We reserve the right to monitor your use of this website. As you navigate through this website, certain anonymous information may be passively collected (that is, gathered without you actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). The following is a listing and a brief explanation of passive information collection methodologies which we may use from time to time to better understand how this site is being used.
3.1 A "cookie" is a text file that this site sends to your browser in the form of a text file. The information generated by the cookie about your use of this site (including your IP address) will be transmitted to and stored. Most browsers automatically accept cookies, but they usually can be modified to decline cookies if you prefer; however, certain features of this site might not work without cookies.
3.2 "Session" cookies are temporary bits of information that are used to improve navigation, block visitors from providing information where inappropriate (the site "remembers" previous entries of age or country of origin that were outside the specified parameters and blocks subsequent changes), and collect aggregate statistical information on the site. They are erased once you exit your Web browser or otherwise turn off your computer.
3.3 "Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided, helping to determine what areas of the site you may find most valuable, and customizing the site based on your preferences on an ongoing basis. Persistent cookies placed by this site in your computer do not hold personal information.
3.4 You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
3.5 An Internet Protocol (IP) address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personal information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). The IP address can be used to diagnose problems with a server, report aggregate information, determine the fastest route for your computer to use in connecting to a site, and administer and improve the site.
3.6 "Internet tags" (also known as Web Beacons, single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the Web site server information such as the IP address and browser type related to the visitor's computer. Tags may be placed both on online advertisements that bring people to the site and on different pages of the site. Such tags indicate how many times a page is opened and which information is consulted.
3.7 "Navigational data" (log files, server logs, and clickstream data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.
4. Use and Sharing of Anonymous, Passive Information.
This site may make full use of passively collected anonymous information, including without limitation the right to use such information to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve this site for your use. We reserve the right to share this anonymous, passive information in aggregated form.
5. Use of Third Party Cookies.
6. Collection of Personal Information; Categories.
Spinbackup will ask you for personal information when you sign up for any specific benefit or purpose that requires registration. Personal information that Spinbackup collects may vary with each registration, and it may include one or more of the following categories: name, physical address, email address, phone number, company name.
Spinbackup for G Suite products require multiple G Suite scopes to:
- allow G Suite (domain) administrators to manage Spinbackup licenses, users and/or organizational units;
- backup and restore Gmail, Google Drive, Google Team Drives, Google Calendars, Google Contacts, and Google Sites data owned by individuals within their domain;
- analyze security events of the customer’s G Suite corporate domain.
6.1. Personal Information Access and Retention.
Personal data shall be processed by Spinbackup in accordance with the rights of data subjects. When acting as a data processor, Spinbackup shall have no direct relationship with the data subjects whose personal data we process and no authority to grant direct access to that data. In cases where Spinbackup handles customers’ personal information and a client seeks access to correct, amend, or delete inaccurate data, such client should direct his/her query to Spinbackup. If Spinbackup is requested to remove data, by the data controller, we will respond within a reasonable timeframe.
6.2. Use of Personal Information.
Spinbackup may use Personal Information for responding to and processing inquiries, orders and service requests or generally for any other purpose related to the original purpose for which the Operational Personal Information was collected. Spinbackup also may use Operational Personal Information for supporting your relationship with Spinbackup by designing services that are suitable to your needs, general Product support and updates, marketing, alerting you to new Product offerings as they become available, continuing existing service and support, and other similar purposes. This Information may also be used to provide you with notices about your purchases, your use of the Products, and to carry out Spinbackup’s obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
6.3. Personal Information in Content.
We treat all Content that is backed up, stored or hosted using our Products in the same manner, described below, regardless of whether or not it contains Personal Information.
6.4. Share Personal Information and Content.
Spinbackup will not give, sell, share, or trade any Operational Personal Information or any Personal Information in Content to any party outside of Spinbackup except as outlined in this Policy or with appropriate consent. We may disclose Personal Information to a third party in the following limited circumstances:
when we have a good faith belief that the disclosure is necessary to prevent or respond to fraud, defend our Websites or Products against possible attacks, or protect the property and safety of Spinbackup, our Customers or the public;
as required by law, such as to comply with a subpoena, warrant, regulatory oversight or similar legal process;
in connection with any potential sale, transfer, merger, consolidation or other transaction involving all or part of our company.
Spinbackup remains liable for Personal Information in case of transfer to third parties.
7. Using and Sharing of Personal Information: General Policy and Exceptions.
Our general policy is that we will use your personal information only for the performance of the services or transaction for which it was given, and we will not share, sell, or rent your personal information to others. The only exceptions to this general policy: (i) are described in the subsections below, and (ii) if you explicitly approve through our site. We may at times combine your personal information with passively collected information in order to personalize this site and offers we may present to you, but we will only do so where and to the extent explicitly approved by you.
In the course of providing Product support requested by a Customer, Spinbackup may have incidental access to Content. Any Customer request for Product support will be deemed express permission for us to access Content as needed for the limited purposes of providing the requested Product support. Customer, as the data controller, is responsible for furnishing any notices or obtaining any consents required by law from the relevant individuals. Product support may be provided by any Spinbackup entity on behalf of another.
7.1 Affiliates and Service Providers.
7.2 Acquisition; Bankruptcy.
In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer such information as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we reserve the right to transfer such information to protect our rights or as required by law. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
7.3 Enforcement; Legal Process.
Spinbackup reserves the right to transfer such information if we have a strong belief that access, usage, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request,(ii) to investigate or enforce violations of our rights or the security of this site, or (iii) to protect your safety or the safety of others.
8. Onward Transfer of Personal Information Outside Your Country of Residence.
Any personal information which we may collect on this site will be stored and processed in our servers located mostly in the United States. By using this site, if you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
9. Security of Personal Information.
We follow generally accepted industry standards to protect your personal information. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. We use encrypted transmission of your information behind the login with socket secure layer technology (SSL), the 256-bit AES encryption mechanism for stored Content and Personal Information and the password-free login method as well as the classic password-based login method. Therefore, while we strive to protect your personal information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
9.1 Our automated system analyzes your content to provide you with personally relevant product features such as sensitive data search, monitoring results, and malware detection. This analysis occurs when the backup process is completed.
10. Changing, Deleting And Updating Personal Information.
Upon request, we will permit you to request or make changes or updates or delete your personal information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your personal information in any account you establish with our site for purposes of making your own changes or updates, and in such case, instructions for making such changes, deletions or updates will be provided where necessary. You may send us your request by contacting us at email@example.com.
10.1 Data Retention.
We will retain your information for as long as your account is active or as long as it is needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
11. Email from Spinbackup Website, Services or Products; Opt-Out Rights.
If you supply us with your e-mail address you may receive periodic messages from us with information specific to the site, services or products and required for the normal functioning of the site as well as for new products or services or upcoming events. If you prefer not to receive periodic email messages, you may opt-out by following the instructions on the email.
12. Links to Other Sites Including Online Ads.
This site may contain links to other websites with whom we have a business relationship. These links may include online advertisements that we deem to be appropriate. Any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites; however, we have entered into agreements with these websites which provide that unless you specifically agree otherwise: (ii) they will use your personal information only for the purpose of providing the products or services that you may request, and (ii) they will share your personal information only as required to fulfill your request for products or services. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
13. Blog / Forum.
Our web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
13.2 Google single sign on services. You can log in to our site using Google single sign on services. This service will authenticate your identity and provide you the option to share certain personal information with us such as your name, email address and other account information. Services Google single sign on gives you the option to backup your information using our service.
14. Children’s Online Policy.
We are committed to preserving online privacy for all of its website visitors, including children. This site is a general audience site. Consistent with the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personal information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child's information, please contact our site as provided below under “Contact Us”, and be sure to include in your message the same login information that your child submitted.
15. Email and Other Messages through This Site; ECPA Notice.
This site treats email messages and other electronic messages that are sent through this site and not viewable by others as confidential and private, except as required by law, including without limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited ability to intercept and/or disclose electronic messages, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a "secure communications medium" under the ECPA.
16. EU-U.S. and Swiss-U.S. Privacy Shield Framework.
Spinbackup complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Spinbackup has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.
Spinbackup is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration before a Privacy Shield Panel (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint), when other dispute resolution procedures have been exhausted.
17. USA Patriot Act Notice.
The federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
18. Recommendation for Content Storing.
We highly recommend all account owners including SB Staff members to not store within their accounts in any form, be it via a table, script, function, file, pdf, image or any other means: Social Security Numbers (SSNs), Credit Card Numbers, Passport Numbers, Bank Account numbers or Bank Account Routing numbers.
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