We describe in more detail our practices related to our marketing, sales and website practices in our Marketing Privacy Practices Notice.
We describe in more detail our practices related to the purchase, registration, use and management of our Products in our Portal Privacy Practices Notice which appears in our product management portals that are restricted to registered users.
We describe in more detail our practices related to our employment recruiting efforts in our Recruiting Privacy Practices Notice.
If you would like to submit an individual privacy request as or on behalf of an individual, please follow this link.
If you would like to opt out of receiving general marketing communications from us in the future, or to update your communication preferences, please visit our Preference Center at http://pages.datto.com/DattoSubscriptionCenter.html.
Please note that you may not opt out of receiving communications from us related to your use, support or payment for our Products.
Datto collects Personal Data when someone visits our Sites, fills out a form or provides information on our Sites or on websites hosted on our behalf, submits an email or other inquiry to us, communicates with us in person, by phone or by email, enters a contest, visits our offices, applies for employment, posts on one of our community forums, provides feedback, registers for or attends a Datto event or webinar, purchases or uses a Product, registers for or logs on to one of the product management portals that are restricted to registered users, or requests support for a Product.
We use Personal Data to fulfill the purpose for which the data is collected, such as to provide a requested product demonstration, to manage event or product registrations, or to process billing for our Products. We also use Personal Data we collect to maintain the security of Sites and Products and to run and manage our business.
Please consult our individual Privacy Notices for more details about the types of Personal Data we collect for certain business functions, when it is collected and the purposes for which it is collected.
We collect Personal Data from several categories of sources.
We collect Personal Data that you give us directly such as when you fill out a form, sign in as a visitor to our office, apply for employment, purchase a Product, register for an event or otherwise communicate with us.
We collect Personal Data from other sources such as public databases, third party providers of business contact information, third party websites that we make available to you, recruitment services, social media sites, and public websites.
We also use information-gathering tools such as cookies and similar technologies that automatically collect information that may contain Personal Data from your computer or mobile device when you use our Products, visit our Sites or interact with emails from us.
Datto may share Personal Data in the following circumstances:
to and among corporate subsidiaries and affiliates for the purposes described and consistent with the practices in this Policy;
to vendors, consultants or other service provider companies that provide services that help us with our business activities such as processing Customer payments, customer relationship management services, marketing, data analytics, security and enterprise resource planning. These companies are authorized to use Personal Data only as necessary to provide these services to us;
with other companies whose products or services we think may be of interest to you in joint marketing and support efforts. We will obtain your consent where required for such joint marketing efforts.
Datto may also disclose such Personal Data 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 Sites or Products against possible attacks, or protect the property and safety of Datto, 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 or its subsidiaries and affiliates.
Please consult our individual Privacy Notices for more details about the types of Personal Data we may share, the purposes for sharing it, and the categories of recipients.
Datto validates transfers of Personal Data, for which Datto is a controller, from the European Economic Area, Switzerland and the United Kingdom to the U.S. and to areas other than the U.S. through use of the European Commission Standard Contractual Clauses.
Datto is committed to protecting all Personal Data we collect and use. To that end, we have implemented physical, administrative and technical safeguards to help us protect Personal Data under Datto’s control from unauthorized access, use and disclosure.
However, no system of electronic data collection, storage and retrieval can be made entirely impenetrable and by continuing to use our Sites and Products you acknowledge and accept that despite the security measures we employ, we do not guarantee that our Sites, Products and procedures are invulnerable to all security breaches or immune from viruses, security threats or other risks.
Our Sites and Products are not for minors and we do not knowingly attempt to solicit or receive any information from children. However, if a child under 18 provides Datto with Personal Data, the parent or guardian should contact Datto immediately by submitting a privacy request to datto.com/privacy-request so we can delete such information.
We collect and use the personal data described above in order to provide you with the Sites and Products in a reliable and secure manner. We also collect and use personal data for our legitimate business needs. To the extent we process your personal data for other purposes, we ask for your consent in advance or require that others acting on our behalf obtain such consent.
If the processing of your personal data is based on legitimate interests, you have the right to object to the processing on grounds relating to your particular situation or to the fact that the data are processed for direct marketing purposes. In the latter case, you have a general right to object.
If the processing of your personal data is based on your consent, you are entitled to withdraw your consent at any time. Please bear in mind that such withdrawal of consent only has future effect. It does not render invalid nor illegal the processing based on consent before it is withdrawal.
Please consult our individual Privacy Notices for more details about the types of Personal Data we may collect, the legal bases for our processing, and our privacy practices for individual business functions.
Datto combines Personal Data we collect to help us determine what products and services might be of interest to an individual and when that individual might be ready to make a purchase based on repeated interaction with Datto or its Sites. Datto personnel are involved in this process and no automated decisions are made that would result in legal effects or significantly affect an individual.
If you would like to make a request with respect to your rights please contact us at https://www.datto.com/privacy-request.
You also have the right to lodge a complaint with the competent supervisory authority. A list of the competent supervisory authority can be accessed at Data Protection Authorities - European Commission.
If you would like to inquire about or exercise any rights you may have with respect to your Personal Data for which we are a processor that has been submitted to us through a Datto customer, you should reach out to that customer directly.
With respect to data processing activities of Personal Data which are subject to the GDPR, Datto, Inc., 101 Merritt 7, Norwalk, CT 06851, Phone 888-995-1431, is responsible for the processing of personal data and, therefore, the controller within the meaning of Art. 4 no. 7 of the GDPR, unless otherwise agreed. Datto’s representative in the EU is Datto GmbH.
Please note that enactment of certain parts of the CCPA, especially in the business to business environment in which Datto operates, have been postponed until at least January 1, 2021. This may affect your rights that are otherwise described below.
Datto does not sell your Personal Information. If you register for or attend a Datto event and we disclose your contact information to our sponsors for the event, we will only do so if you expressly consent. Although we do not sell personal information in exchange for any monetary consideration, we do share personal information for other benefits that could be deemed a “sale,” as defined by the CCPA. This may include sharing identifiers and traffic information with advertising networks or website analytics companies. You have the right to customize your cookie preference settings at any time.
The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to request that Datto disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request we will disclose to you, as applicable:
You have the right to request that Datto delete your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request we will delete (and direct our service providers to delete) your personal information from our records, unless an exception in the CCPA applies.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by visiting this link or by calling 1-833-457-0280.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
Any disclosures we provide will cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
If you would like to inquire about or exercise any rights you may have with respect to your personal information for which we are a service provider that has been submitted to us through a Datto customer, you should reach out to that customer directly.
Datto reserves the right to amend this Privacy Notice for California Residents at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice and update the notice's effective date.
Effective Date: September 1, 2020