Personal Information means information that by itself identifies an individual (such as name, credit card number, or email address) as well as information that can be combined to identify an individual. In this Policy we distinguish Operational Personal Information from Personal Information in Content that may be backed up, stored or hosted through use of our Products, and treat each type of Personal Information differently, as described below.
Operational Personal Information
Operational Personal Information is Personal Information we collect and use in order to provide, support and market our Products. Operational Personal Information may include name, address, telephone number, email address and/or credit card number. We collect Operational Personal Information from individuals (including individual representatives of companies or other legal entities such as employees, officers or administrators) who register for, purchase and use our Products and from individuals who contact us and voluntarily disclose such information to us. This list includes authorized resellers, master resellers, users or potential users, or persons authorized to deal directly with Datto for Product support (we will refer to all of these in this Policy as “Customers”). Datto collects Operational Personal Information in many ways such as when someone fills out a form on one of our Websites, submits an email or other inquiry to us, enters a contest, posts on one of our community forums, registers for, purchases or uses a Product, registers or logs on to one of the areas of our Websites or web-based applications that are restricted to registered users, or requests support for a Product.
How we may Use Operational Personal Information
Datto uses Operational 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. Datto also may use Operational Personal Information for supporting your relationship with Datto 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 Datto’s obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
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.
How we may Use Content
In the course of providing Product support requested by a Customer, Datto 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 Datto entity on behalf of another.
Personal Information, including any Personal Information in Content, does not include Aggregate Information, which is information we collect or process about a group or category of data. Aggregate Information cannot be attributed to any individual. We may use and share such Aggregate Information to improve Products, develop new products, understand and/or analyze usage, demand, and general industry trends, develop and publish white papers, reports, and databases summarizing the foregoing, and generally for any purpose related to our business. Aggregate Information may be derived from information provided by any Customer, from use of our Products or from passive data collection techniques described below. No Personal Information is included in Aggregate Information. This Policy does not restrict or limit our collection and use of Aggregate Information.
How we may Share Personal Information and Content
Datto will not give, sell, share, or trade any Operational Personal Information or any Personal Information in Content to any party outside of Datto 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 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.
In addition, we may disclose Operational Personal Information (but not Content), as needed, in the following circumstances:
- to companies that provide services that help us with our business activities such as processing Customer payments. These companies are authorized to use Personal Information only as necessary to provide these services to us; and
- to companies that work with Datto on various projects; for example, Datto may share Operational Personal Information for customer relationship management purposes, email marketing purposes, to our reselling Partners, or with other companies whose products or services we think may be of interest to our Customers in joint marketing and support efforts.
Transfers of Personal Information
Cookies and Other Passive Data Collection
We use the following types of cookies for the purposes stated:
Strictly necessary cookies
These are cookies that are required for the operation of our Websites. They include, for example, cookies that enable you to log into secure areas of our Websites, use a shopping cart or fill in a form.
These cookies are used to provide us with statistical information about our Websites which we use to measure performance and to improve how our Websites work. These cookies allow us to recognize and count the number of visitors and to see how visitors move around our Websites. All information these cookies collect is aggregated and therefore anonymous.
These cookies are used to recognize you when you return to a Website. This enables us to personalize our content for you, tailor our interactions with you and remember your preferences.
By continuing to use our Websites you agree that we can place these types of cookies on your device. You may block most cookies by activating the settings on your browser that allow you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our Websites. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
Other Passive Data Collection from use of Websites
We may passively collect such information as device information, log information, browser type, query specifics and Internet Protocol address. We gather this information through the use of various technologies such as cookies, described above, web beacons (as described below) and other electronic files used to track your navigation of our Websites, your completion of transactions and other browsing behavior. Datto may use web beacons alone or in conjunction with cookies to operate and improve our Websites and to gather information about usage of our Websites and interaction with emails or other electronic communications from Datto. Web beacons are clear electronic images that can recognize certain types of information on your device, such as cookies, when you viewed a particular Website tied to the web beacon, and a description of a Website tied to the web beacon. Datto may place web beacons in marketing emails or other electronic messages that notify us when you click on a link in the email that directs you to one of our Websites.
Do Not Track (“DNT”)
Because there is not yet a common industry standard or how to interpret browsers’ DNT signals, Datto does not currently respond to browser DNT signals when interacting with our Websites.
Datto’s Commitment to Security
Datto is committed to protecting all Personal Information and Content we collect and use. To that end, we have implemented commercially reasonable physical, administrative and technical safeguards to help us protect Personal Information and Content under Datto’s direct 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 Websites and Products you acknowledge and accept that despite the reasonable measures we employ, we do not guarantee that our Websites, Products and procedures are invulnerable to all security breaches or immune from viruses, security threats or other risks.
External Links/Third Party Websites/Non-Datto Administrators
Review and Opt Out
If you choose not to receive general communications from us in the future, please contact us at http://pages.datto.com/unsubscribe.html.
To update your general communication preferences, please contact us 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.
Our Websites and Products are not designed or intended to appeal to minors and we do not knowingly attempt to solicit or receive any information from children. However, if a child under 13 has provided Datto with Operational Personal Information, the parent or guardian should contact Datto immediately at email@example.com so we can delete such information from our files.
Updates to our Policy
Effective Date: March 21, 2016