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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 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.
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.
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.
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.
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:
In addition, we may disclose Operational Personal Information (but not Content), as needed, in the following circumstances:
We use the following types of cookies for the purposes stated:
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.
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.
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 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.
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 firstname.lastname@example.org so we can delete such information from our files.
Effective Date: March 21, 2016
Datto, Inc. respects the intellectual property of all parties and take claims of copyright infringement seriously. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), we will expeditiously remove or disable access to materials or accounts if properly notified that the materials infringe a third party's copyright. If you believe any materials accessible on or from Datto websites or services infringe your copyright, you may request removal of those materials (or access to them disabled) by sending written notification to our Copyright Agent as described below.
In accordance with the DMCA, your written notice to our Copyright Agent must include the following information:
If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.
If you believe that material you provided to Datto websites or services was removed or access to it was disabled by mistake or misidentification, you may file a written counter-notification (a "Counter-Notice") with our Copyright Agent that contains the following:
We will send a copy of any complete Counter-Notice we receive to the person who submitted the original DMCA Notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your Counter-Notification, we may restore the removed materials or account.
Please be aware that if you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.
Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is:
DMCA Copyright Agent
101 Merritt 7, 7th floor
Norwalk, CT 06851
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The use of Datto Drive and all Content on Datto Drive must at all times comply with applicable federal, state, local and foreign laws, rules and regulations. The intent of this Policy to prohibit illegal, harmful, abusive, infringing or fraudulent activities involving Datto Drive and Content on Datto Drive. The following is not an exhaustive list, but rather representative of activities and Content that are prohibited.
Use of Datto Drive and Content on Datto Drive may not:
If you become aware of a violation, you may contact us at email@example.com. Please include as many details as possible in order to help us investigate. By contacting us to report a violation, you agree that we may contact you and we may share any information you provide to us with third parties, including any party alleged to have violated this Policy and law enforcement authorities.