Last Revised: May 19, 2017

1. CODE42 SOFTWARE, INC. PRIVACY STATEMENT

This Privacy Statement applies to Code42 Software, Inc. (“Code42,” “we,” “us,” or “our”) and www.crashplan.com, www.code42.com, and helpdesk.code42.com (each a “Website” and collectively the “Websites”) which are owned and operated by us. This Privacy Statement describes how Code42 collects and uses the personal data you (“you” or “your”) provide on our Websites and with respect to your use of our products and services (“Products”). It also describes the choices available to you regarding our use of your personal data and how you can access and update this data. If you have any questions regarding this Privacy Statement, contact privacy@code42.com or see the “Contact Us” section later in this Privacy Statement.

2. Privacy Shield

Code42 complies with the EU-U.S. Privacy Shield Framework and the 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 from the European Union and Switzerland to the United States, respectively. Code42 has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms of this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Program, and to view our certification, please visit https://www.privacyshield.gov/.

3. Effective

For new Customers (defined in section 7 below), changes or updates to this Privacy Statement are effective upon the “Last Updated Date” set forth above. For existing Customers, changes or updates to this Privacy Statement are effective thirty (30) calendar days after such “Last Updated Date.” We may update this Privacy Statement to reflect changes to our information practices. When we make changes to this Privacy Statement, we will revise the “Last Updated Date” at the top. If the changes are material, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website . We encourage you to periodically review this page for the latest information on our privacy practices. If you do not agree to the new Privacy Statement, your sole and exclusive remedy is to cancel and stop using our Products.

4. Categories of Individual Data Subjects

In general, Code42 may obtain personal data about several different types of individuals, including (i) Website visitors, (ii) business or individual customers, and (iii) potential customers. Code42’s practices with respect to each of these types of individuals are described below..

5. Website Visitors

Code42 generally collects, uses, and discloses information about Website visitors in accordance with this Privacy Statement.

6. Account and Support Data

Code42 may obtain various types of personal data about our customers and Website visitors. Such data may include: contact information, names, address, phone number, and email address; information about Products ordered or provided; payment information (such as credit card number, cardholder name, credit card verification number and expiration date); passwords; information collected through Internet-based and e-commerce activities (including information collected through log files, cookies, clear gifs (a.k.a. web beacons/web bugs), images, and scripts, or from our third-party service providers); and other transaction-related data.

We also may collect personal data from you through our downloadable software including data such as your name, email address, User IDs, telephone number, and password.

Code42 may use your personal data for business purposes, including to: deliver or provide Products; establish or maintain customer and business relationships; provide access to Internet-based and e-commerce activities; perform accounting functions; and conduct other activities as necessary or appropriate in connection with the servicing and development of the business relationship.

We may also collect from you the following personal information about your contacts in order to fulfill a purchase order: name and address.

When you provide us with personal information about your contacts, we will only use this information for the specific reason for which it is provided.

If you are a Customer, you may update, access, delete inaccuracies, or correct your personal data by making the change within your account once logged into the site or by contacting us at privacy@code42.com to do so. If you are a Data Subject (as defined in section 7 below), please contact our Customer to request any such changes. Also, to the extent that you receive marketing communications from Code42 and wish to unsubscribe or otherwise stop receiving such communications, you can opt-out by following the instructions included in each communication, by adjusting your account settings, or by emailing us at privacy@code42.com.

In limited circumstances, if you are a Data Subject, you may need to contact our Customer to stop receiving marketing communications. We will respond to an email request submitted by you within 30 days. If you are not a Customer or Data Subject but have submitted your personal data through the “contact us” link and wish to have your information updated or inaccuracies deleted, please contact us at privacy@code42.com. We will respond to your email request within 30 days.

If you wish to save your payment method to your account, we allow you to do so. You may at any time delete your payment information by logging into your account; however, depending on the subscription term you choose, you may be prevented from deleting your payment information in order to continue your subscription. This is stored on an SSL encrypted page. In certain circumstances, we have contracted with a service provider for the purposes of processing the fees related to your subscription. In this case, you should review the privacy terms of our service provider as they apply to the use of your payment card information.

We will retain your information for as long as your account is active and as needed to provide you Products. We will retain and use your information as reasonably necessary to conduct our business, comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Customers

Code42 offers a wide variety of services and solutions to our customers (“Customers”) that facilitate services including backing up and restoring files and copying backup archives to the public cloud or external hard drives for the purposes of allowing Customers to restore archives for individuals (“Data Subjects”). In some instances, Code42 may obtain access to personal data about a Data Subject in the course of providing the Products. In other specific instances, Code42 may also obtain access to data about our Customers’ end users who are using the Products on behalf of our Customer (“End Users”) in the course of providing support services to such Customer(s). Depending on the particular Customer and application at issue, such data also may include name, email address, Product system configuration, log files and other information, and any other information chosen by the Customer that resides on an End User device.

When we obtain access to personal data about Data Subjects or End Users, we are acting as a data processor on behalf of our Customers. We conduct such activities strictly in accordance with our Customers’ instructions and pursuant to our contractual arrangements. If you are an End User or Data Subject of one of our Customers, you should refer to that Customers’ website to understand the privacy practices that apply to your personal data. Moreover, if you would like to access and review your personal data, you should contact that Customer with any such requests. We will cooperate as appropriate with requests from our Customers to assist with such responses.

8. Communications from the Site

We will occasionally send you information on products, services, or promotions. Out of respect for your privacy, we present the option not to receive these promotional types of communications. You may opt-out from receiving these types of communications by following the instructions included in each communication, by adjusting your account settings, or by emailing us at privacy@code42.com.

9. Service-Related Announcements

We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email to notify you of the suspension.

Generally, you may not opt-out of these non-promotional communications. If you do not wish to receive them, you have the option to deactivate your account and stop using the Products.

10. Other Necessary Disclosures

Code42 may sell, transfer, or disclose personal data to business partners as appropriate in accordance with the terms of negotiated agreements for legitimate business purposes. In addition, Code42 may sell, transfer, or disclose personal data to our service providers under negotiated contracts as needed for such service providers to perform services on behalf of Code42. Our business partners and service providers may only use your personal data for the purpose and to fulfill our obligations with the contract terms we have in place with you. Service providers and business partners may not use personal data for any other purposes. If Code42 has knowledge that a business partner or service provider to which it has disclosed your personal data is processing your personal data in a way that is contrary to this Privacy Statement, Code42 will take reasonable steps to prevent or stop such processing. In such case, the service provider or business partner is liable for damages unless it is proven that Code42 is responsible for the event giving rise to the violation.

Code42 may also sell, transfer, or disclose personal data as necessary in connection with the sale or transfer of all or part of our business. Once information about such a sale or transfer may be shared publicly, Code42 will inform you of the sale, transfer or disclosure of your personal data by a prominent notice on our website(s) and that notice will include information about the handling of your personal data. In the event of a sale, transfer, or disclosure, Code42 will require the recipient of the personal data to protect such data in accordance with applicable law, including the Privacy Shield, and/or otherwise take steps to ensure that personal data is appropriately protected.

Code42 may also disclose personal data where required or permitted by law such as to comply with a subpoena or similar legal process, or where Code42 believes that such disclosures are appropriate to protect our rights, protect your safety or the safety of others, investigate fraud or in connection with a law enforcement or public authority requests or national security requirements.

Code42 will not sell, share, rent, trade, or disclose your personal data with third parties other than as set forth within this Privacy Statement.

11. Data Security and Integrity

Code42 has global hosting centers that store and process personal data in the United States, Amsterdam, Ireland, Singapore, and Australia. From time-to-time and to meet the demands of our business requirements, Code42 may change the location of our data centers and our service providers with whom we contract. We will notify you of any change as set forth in the terms of your contract with us. If you are a Customer, please refer to your contract with Code42 to understand where your personal data is being processed. If you are a Data Subject or End User, please contact our Customer to understand the location in which your data is processed. Code42 takes reasonable precautions to protect personal data from loss, misuse and unauthorized access, disclosure, alteration, and destruction within our data centers and in our other corporate locations. Code42 also makes reasonable efforts to keep personal data accurate, current, complete, and reliable for its intended use.

The security of your personal data is important to us. When you provide us with your personal data, we will encrypt personal data using secure socket layer technology (SSL) or we will protect your personal data using appropriate access controls.

We follow generally accepted industry standards to protect the personal data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

If you have any questions about security on our Websites or with our Products, you can email us at privacy@code42.com.

12. Cookies and other Tracking Technologies

Code42 and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the Websites and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Websites or in our Products.

Google Analytics

The Websites and Products use Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the Website analyze how users use the site. The information collected by Google Analytics, including your internet protocol (IP) address, will be transmitted to and stored by Google on servers in the United States.

Google will use this information on our behalf for the purpose of evaluating your use of the Website and Products, compiling reports on Website activity and providing further services to us relating to Website, internet, and Product usage.

You can prevent your data from being collected by Google Analytics on our Websites or Products by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

To learn more about Google Analytics’ privacy practices, please visit https://support.google.com/analytics/answer/6004245?hl=en&ref_topic=2919631.

Behavioral Targeting / Re-Targeting

We may partner with one or more third parties to either display advertising on our Websites or to manage our advertising on other sites. Our third party partner(s) may use technologies such as cookies to gather information about your activities on the Websites and other websites to provide you targeted advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may be able to opt-out by visiting:

http://preferences-mgr.truste.com/ http://www.networkadvertising.org/managing/opt_out.asp http://www.youronlinechoices.eu/ if you are located in the European Union or Switzerland.

These sites and third-party ad networks are not controlled by Code42. Please note this does not opt you out of being served advertising; you will continue to receive generic ads that are not based on your specific interests.

Analytics / Log Files

As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet IP addresses, browser type, internet service provider (ISP), referring/ exit pages, operating system, date/ time stamp, and clickstream data. We may use this information to analyze trends, to administer the site, to track users’ movements around the Websites and to gather demographic information about our user base as a whole. We may link this automatically collected data to other information we collect about you.

13. User Forums

If you use a forum on any of the Websites, you should be aware that any personal data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal data you choose to submit in these forums. You may remove your post along with your personal data you submit within these forums by contacting us privacy@code42.com.

14. Tell a Friend

If you choose to use our referral service to tell a friend about any of our Websites, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site and download Code42 products. Code42 stores this information for the sole purpose of sending this one-time email and inviting your friend to use you as backup destination and / or asking your friend’s permission for you to back up to him or her.

15. Feedback

We may post your feedback concerning our Websites and/or Products on our Websites or on other social media sites.  Such feedback may contain personal information such as the your name, unless otherwise prohibited by our contract with you.  If you wish to remove your feedback, contact us at privacy@code42.com.

16. Survey

We may provide you the opportunity to participate in contests or surveys on our Websites. If you participate, we will request certain personal information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code and company size).

We use third-party service providers for marketing purposes and to conduct surveys or contests. These companies are prohibited from using our participants’ personal data for any other purpose. We will not share the personal data you provide through a contest or survey with other third parties without your express permission.

Information collected by our voluntary third-party surveys is used to market, validate and promote participant utilization of Products and participant opinions of features and benefits of Products and to customize the Website(s). In some cases, with the Customer’s permission, participant feedback collected in surveys is used as testimonial content on our Website(s).

17. Single Sign-On

You can log in to our helpdesk.code42.com Website using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal data with us such as your name and email address to pre-populate our sign up form.  Services like Facebook Connect give you the option to post information about your activities on the Website(s) to your profile page to share with others within your network.

18. Support

If you wish to upload a photo of yourself in the support section of a Website, please be aware that this will be viewed by other users of the support section. If you wish to remove your photo you may do so at any time by logging into your support account and editing your profile.

19. Links to Other Sites

If you click on a link to a third party site, you will leave the Website that you are visiting and be redirected to the site you selected. Because we cannot control the activities of third parties, we cannot (and do not) accept responsibility for any use of your personal data by such third parties, and we cannot (and do not) guarantee that they will adhere to the same privacy practices as Code42. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party site that is linked to a Website, you should read that third party site’s privacy statement before providing any personal data.

20. Social Media Features

Our Website(s) include social media features, such as the “Share This” button that allows you to like us on Facebook or share our content on Twitter. These Features may collect your IP address and which page you are visiting on our Website, and they may set a cookie to enable the Feature to function properly. Social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy statement of the company(ies) providing them.

21. Questions

If you have any questions about this Privacy Statement, or if you would like further information regarding the personal data that we may maintain about you, please contact us as follows:

Code42 Software, Inc.
100 Washington Avenue South, Suite 2000
Minneapolis, MN 55401
privacy@code42.com

22. Dispute Resolution

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.


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