“Backup Data” refers to the data processed, stored, and/or hosted by our customers using Infrascale Products for data backup and/or disaster recovery purposes.
“Service Data” refers to the personal information we collect or generate during the provision and administration of the Infrascale Products, excluding any Backup Data. “Service Data” also includes the personal information we collect in connection with (i) our website, (ii) offline collection methods such as Infrascale events, surveys, questionnaires, and the like, (iii) third-party sources, including business partners, ad networks, vendors, and other third-party sources, and (iv) your communications with us, including without limitation as a website visitor, customer, vendor, or prospective employment candidate.
INFORMATION INFRASCALE COLLECTS OR PROCESSES.
Infrascale provides its customers with data backup and disaster recovery solutions that include hardware, software, and cloud-hosted functionality. Our Products help customers maintain business continuity (via backup and disaster recovery) while actively managing the efficiency of data storage. Infrascale Products are, generally, software-as-a-service solutions tied to Infrascale-hosted cloud facilities. Some are sold as software-only and work on private or public cloud resources.
Infrascale collects and/or processes two categories of information:
- Backup Data. Infrascale processes Backup Data provided by or on behalf of our customers when using Infrascale Products for the purpose of delivering data backup and/or disaster recovery services and functionality to our customers. If a customer is using Infrascale’s cloud, Infrascale stores and hosts this Backup Data.
- Service Data. Infrascale collects Service Data through our interactions with you and through the Infrascale Products. You provide some of this Service Data directly and we obtain some from other sources, including by collecting data about your interactions, use, and experiences with our Products. Service Data includes:
- Your communications with us. Infrascale maintains records of your communications and interactions with us, including your contact information. Your interactions may include account and Product-related communications, web forms you submit to us, online chats with our support representatives, and inquiries or submissions regarding employment opportunities. We also collect and maintain information for processing payments for our Products and we keep reasonable business records related to billing and payments.
- Technical and Operational Details. We automatically collect and store certain types of information about your use of and interaction with our Products and your opening of emails or clicking on links in emails from us. Like many websites, we use “cookies” and other unique identifiers, and we obtain certain types of information when your web browser or device accesses our Products. Examples of the type of information we automatically collect include Internet protocol (IP) address, device and computer/browser information, the location of your device or computer, and identifiers and information contained in cookies. See Section 3 for more information on cookies.
- Information from Other Sources. We might receive information about you from other sources, including service providers, partners, third-party databases, and publicly available sources. Examples of information we receive from other sources include: marketing, sales demand generation, and recruitment information, including your name, email address, mailing address, phone number, and other contact information; credit history information from credit bureaus; and subscription, support, or other information regarding your use of and interactions with our Products.
Most web browsers accept Cookies by default but allow users to reject Cookies by changing the browser preferences. If you have set up your browser to reject all Cookies, our Products will not work properly.
Our emails to you use email beacons or tracking pixels. Email beacons and tracking pixels are small electronic images that tell us if an email has been opened and acted upon.
INFRASCALE’S ROLE AS A DATA PROCESSOR.
If a customer uploads Backup Data containing Personally Identifiable Information (as defined below) to Infrascale’s Products, it is the customer that is the data controller with respect to such Personally Identifiable Information. That is, the customer has the direct contact with the individuals whose Personally Identifiable Information was uploaded to the applicable Product. Customers, as opposed to Infrascale, collect the Personally Identifiable Information from their customers, personnel, or other data subjects. For purposes of this policy, “Personally Identifiable Information” means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.
We may process any Personally Identifiable Information contained within the Backup Data, among other Backup Data, when customers use the Products for data backup and/or disaster recovery purposes. When providing the Products, Infrascale processes Backup Data strictly in accordance with the actions or instructions of the applicable customer or as required by law.
As a data processor, with certain exceptions, Infrascale may have an obligation under its agreement with the customer not to disclose or otherwise transfer Backup Data to a third party except to provide the Products or pursuant to the customer’s instructions to us to disclose or transfer such information. Except as set forth herein, Infrascale processes Backup Data solely for the purpose of providing Products to customers. Infrascale may use third party data processors to assist it in providing the Products to its customers.
USE OF BACKUP DATA AND SERVICE DATA.
We use your Backup Data and Service Data for lawful purposes to operate, provide, develop, and/or improve our Products while also respecting your privacy.
Backup Data. We process Backup Data provided by or on behalf of our customers for the purpose of providing data backup and/or disaster recovery services and functionality to our customers. Our systems process Backup Data to perform these functions based on the actions and instructions of our customers. If a customer is using Infrascale’s cloud, Infrascale also stores and hosts the Backup Data.
Service Data. We use your Service Data to operate, provide, develop, and improve Infrascale Products. Our purposes for using Service Data include:
- Communicate with You. We use your Service Data to communicate with you regarding Infrascale Products, including via email, online chat, and phone, to provide assistance to you, and in the case of employment candidates, to communicate regarding possible employment opportunities at Infrascale.
- Provide Infrascale Products. We use your Service Data to provide and deliver Infrascale Products and process transactions in connection with Infrascale Products, including subscriptions, purchases, and payments.
- Maintain and Improve Infrascale Products. We use your Service Data to analyze the performance of, correct errors in, provide support for, develop, and improve Infrascale Products.
- Personalization. We use your Service Data to personalize your experience with our website and Products and to identify your preferences.
- Comply with Legal Obligations or Satisfy Requirements. In certain circumstances, we may be legally required to collect, use, disclose, or retain your Service Data when we’re responding to legal process or an enforceable governmental request, or to meet our regulatory, legal, insurance, or financial record-keeping obligations.
- Marketing. We use your Service Data to market and promote Infrascale Products, provide you with ongoing news, publications, and information, better tailor our marketing activities, and implement and maintain loyalty programs.
- Fraud and Abuse Prevention. We use your Service Data to detect, prevent, and respond to fraud, abuse, and technical issues and to protect the security of Infrascale, our users, and others.
HOW INFRASCALE SHARES BACKUP DATA AND SERVICE DATA.
Service Data may be disclosed to (i) our employees, agents, representatives, advisors, affiliates, and independent contractors, in connection with their performance of services for or on behalf of our customers or website visitors, and (ii) service providers who perform functions on our behalf or provide services to us in connection with our business operations, sales and marketing, information technology, or professional services. The individuals and entities described in (i) and (ii) above have access to Service Data needed to perform their functions and are not permitted to use it for other purposes.
Other than as described above, you will receive notice when Service Data about you might be shared with third parties and you will have an opportunity to choose whether to share the information.
THIRD PARTY HOSTING OF BACKUP DATA AND SERVICE DATA.
We use certain third party service providers to host and maintain Backup Data that we may receive from you. For example, we may use Amazon Web Services, Google Cloud Platform, and other cloud platform providers to host the Infrascale cloud solutions and to collect and maintain Backup Data processed by our Products. In addition, we upload certain account-related Service Data to third party service providers to maintain and analyze information about our relationships with our customers and others, undertake Infrascale marketing campaigns, facilitate sales-related activities, and provide customer and technical support.
THIRD PARTY WEBSITES AND SERVICES.
HOW INFRASCALE SAFEGUARDS BACKUP DATA AND SERVICE DATA.
We work hard to protect you and Infrascale from unauthorized access, alteration, disclosure, or destruction of information we hold, which includes the following practices:
- We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and use of Backup Data and Service Data.
- We restrict access to Backup Data to authorized Infrascale employees, independent contractors, and service providers who perform functions on our behalf or provide services to us in connection with our business operations, information technology, or professional services. The individuals to whom access is granted are required to keep that information confidential and not use it for any other purpose.
- We restrict access to Service Data to authorized Infrascale employees, agents, representatives, advisors, affiliates, independent contractors, and service providers who perform functions on our behalf or provide services to us in connection with our business operations, sales and marketing, information technology, or professional services. The individuals to whom access is granted are required to keep that information confidential and not use it for any other purpose.
- We use third party providers for credit card transactions who follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data.
- Our security procedures mean that we may ask to verify your identity before we disclose Service Data to you.
However, no security procedures or protocols are ever guaranteed to be 100% secure and so we encourage you to take care when disclosing Service Data online and to use readily available tools, such as Internet firewalls, anti-virus and anti-spyware software, and similar technologies to protect yourself online.
YOUR CHOICES REGARDING SERVICE DATA.
We offer you choices regarding the collection, use, and sharing of your Service Data. Depending on your data choices, certain Products may be limited or unavailable.
- You may add, update, or delete the information you submitted when registering for or using the Products by contacting our support team using the contact information on the Infrascale Support page. When you update or delete any information, we may keep a copy of the prior version for our records.
YOUR RIGHT TO ACCESS BACKUP DATA AND SERVICE DATA AND TO MAKE CHANGES.
Backup Data. Infrascale Products provide functionality that allows customers to access and update the Backup Data uploaded by or on behalf of such customers. Using our Products, customers can view, update, append, correct, and delete Backup Data hosted using Infrascale’s cloud or their own public or private cloud solutions. Customers requiring assistance accessing and changing such Backup Data via the Products can contact our support team using the contact information on the Infrascale Support page.
Service Data. To the extent required by applicable law, you may have the right to (i) know what Service Data about you is included in our databases and to ensure that such Service Data is accurate and relevant for the purposes for which we collected it, and/or (ii) delete your Service Data. If you wish to do either of these things, you may do so on our website by completing and submitting the online form at https://infrascale.com/legal/exercise-your-privacy-rights/. Optionally, you may also email email@example.com. Please note that we may be required (by law or otherwise) to keep certain Service Data and not delete it or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements.
Requests for Backup Data or Service Data. We will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arises: (i) we receive a legally binding request for disclosure of Backup Data or Service Data by a law enforcement authority unless prohibited by law or regulation, or (ii) we receive a request from you. If we receive a request for access to your Backup Data or Service Data from a third party other than a law enforcement authority, then, unless otherwise required under law or by contract with such third party (and in compliance with this policy), we will not provide any Backup Data or Service Data but will refer you to the third party.
Satisfying Requests for Access, Modifications, and Corrections. Subject to applicable law, we will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or delete Service Data.
Our Products are not directed to individuals under 13 and we do not knowingly collect Service Data from children under 13.
If you become aware that a child has provided us with Service Data, please contact us at firstname.lastname@example.org.
If we become aware that a child under 13 has provided us with Service Data, we will take steps to delete such information immediately.
DO NOT TRACK COMPLIANCE.
Our website does not respond to Do Not Track (“DNT”) signals.
We do not track the users of our website across third party websites to provide targeted advertising directly to those websites.
CONTACT INFORMATION AND RESOLVING DISPUTES.
12110 Sunset Hills Road, Suite 600
Reston, VA 20190
United States of America
If you have a complaint about our privacy practices, you may submit a complaint to us at the above contact information. Our privacy team will look into your complaint and provide a response. You will need to provide sufficient information for us to evaluate your complaint and we may ask you to provide additional information as a condition of evaluating your complaint.
If you would like to file a formal request related to erasure or deletion of your Service Data, you can do so on our website by completing and submitting the online form at https://infrascale.com/legal/exercise-your-privacy-rights/. Optionally, you may also email email@example.com.
If you do not believe that your complaint or dispute has been resolved and you are a European or Swiss individual, you may contact the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (ICDR-AAA) at: http://go.adr.org/privacyshield. As set forth above, Infrascale has designated ICDR-AAA as its independent recourse mechanism for its participation in the EU-US and Swiss-US Privacy Shield Programs. ICDR-AAA will provide independent dispute resolution services to resolve complaints or disputes about our privacy practices. Procedures for contacting ICDR-AAA and filing a claim are linked to the website listed above.
EU-US AND SWISS-US PRIVACY SHIELD CERTIFICATION.
While the EU-US and Swiss-US Privacy Shield Frameworks may no longer be used or relied upon for transfer of personal information, Infrascale continues to comply with all EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework obligations. Doing so demonstrates Infrascale’s firm commitment to protect personal information in accordance with a set of privacy principles that offer meaningful privacy protections and recourse for EU individuals. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.
Our accountability for personal data received from the European Union, the United Kingdom, or Switzerland and subsequently transferred to a third party is consistent with the Privacy Shield Principles. In particular, we remain responsible if third-party agents that we engage to process the personal data on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.
We encourage European individuals (including Swiss individuals) to contact us should you have a Privacy Shield-related (or general privacy-related) complaint at firstname.lastname@example.org. We have committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles or the Swiss-US Privacy Shield Principles to the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (ICDR). If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://go.adr.org/privacyshield for more information and to file a complaint. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. We are subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).
Finally, we commit to cooperate with EU data protection authorities (DPAs), the UK authorities, and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and to comply with the advice given by such authorities with regard to human resources data transferred from the EU, the UK, and Switzerland in the context of the employment relationship.
NOTICE TO NEVADA RESIDENTS.
Under Nevada SB 220, Nevada residents have the right to opt-out of the sale of their Covered Information (as such term is defined under Nevada law). As noted above, Infrascale does not sell your information. However, if you are a Nevada resident, you may submit a request to opt-out of future sales by us by writing to us at email@example.com. We will maintain your request in the unlikely event our practices change in the future. Should your email address change, please submit a new request to firstname.lastname@example.org with your new email address. We reserve the right to take reasonable steps to verify your identity and the authenticity of any request.
NOTICE TO CANADIAN RESIDENTS.
Subject to applicable law, you have the right to:
- ask whether we hold Service Data about you and request copies of such Service Data and for information about how it is processed;
- request that inaccurate Service Data is corrected;
- request deletion of Service Data that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements; and
- lodge a complaint with us regarding our practices related to your Service Data.
If you wish to take any of the above actions, you may complete and submit the online form at https://infrascale.com/legal/exercise-your-privacy-rights/. Optionally, you may also email email@example.com.
NOTICE TO AUSTRALIAN RESIDENTS.
The Privacy Act 1988 (Cth) (Privacy Act), which includes the Australian Privacy Principles (APPs), regulates how individuals’ personal information is collected, held, used, and disclosed. The Act provides individuals the right to know why their personal information is being collected, how it will be used, and to whom it will be disclosed, and to ask for access to, or correction of, this information. Infrascale customers are responsible for ensuring that they comply with their obligations under the Privacy Act (including the APPs). If you wish to take any of the above actions, you may complete and submit the online form at https://infrascale.com/legal/exercise-your-privacy-rights/. Optionally, you may also email firstname.lastname@example.org.
Last revised October 25, 2021.
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