PRIVACY POLICY

EFFECTIVE DATE: January 6, 2017

The Backup Service, Inc. and its subsidiaries, (collectively "The Backup Service") respects the right to privacy of the individual or legal entity who directly or indirectly accesses, uses, and/or purchases our Services (as defined herein) (collectively, “You” or “Your”). By installing, accessing or using The Backup Service’s services, software, any components that support the functionality of the services or software, websites, portals, user guides, and any other documentation (collectively, the “Services”), You expressly consent to the collection, processing and use of Your personal information according to this Privacy Policy. The Backup Service may share Your personal information, as defined below, solely for the purposes described herein.

HOW THE BACKUP SERVICE USES INFORMATION

The Backup Service collects certain information provided by You when You contact us, visit our website or use the Services, including but not limited to information that would permit someone to identify or contact You.

To use the Services or certain features of our websites, You need to create a user name and password, as well as provide certain personally identifiable information, such as Your name, address, email address and telephone number (“Account Information”). We may also ask You for credit card information in order to process payments for the Services You subscribe to. You must keep Your password strictly confidential. You are responsible for any and all actions taken using Your Account Information and password, and You agree to immediately notify The Backup Service of any unauthorized use of which You become aware. The Backup Service also collects information, including but not limited to, information about Your visit to our Website, Your use and configuration of the Services, location and other data received or obtained from Your computer, server, tablet, smartphone or any other device You register, or from any hardware delivered to You as part of Your subscription to the Services (each a “Device”), and Your file system information (e.g., stored file folder names, file extensions, file sizes and the configuration of Your Devices) (together, “Diagnostic Information”). The Backup Service uses Account Information and Diagnostic Information in order to deliver the Services and customer support, for capacity planning, product optimization, to improve the Services, and provide the best experience possible for customers. The Backup Service may also use Your Account Information and Diagnostic Information, and share such information with third parties that perform functions on The Backup Service’s behalf, in order to perform analytics, provide customer support, participate in or administer our promotions, or provide marketing and promotional information or offers. If You do not want to receive certain communications from The Backup Service, You can choose to opt-out pursuant to the removal instructions in the Choice section herein.

The Backup Service uses "cookies" to collect and store information that Your browser makes available when You visit our websites. Additionally, when visitors request pages from our websites, The Backup Service’s servers log the visitor’s Internet Protocol address (“IP address”). This information is transmitted to and stored on The Backup Service’s servers in the United States with Your Account Information. Your IP address, browser type, browser language, and the date and time of Your query, enables us to better understand and improve the usability, performance and effectiveness of our websites for purposes of system administration, to report aggregate information to our advertisers, to infer a visitor’s geographic location, to track the use of our websites, and to identify a visitor when The Backup Service feels it is necessary to enforce compliance with our policies or protect the Services and our customers. If You do not want The Backup Service to analyze Your use of our websites, You can set Your browser options to reject cookies or select the privacy mode setting on Your individual internet browser. Rejecting cookies or selecting privacy mode may affect Your ability to use some features of the Services.

The Backup Service will not view the contents of Your encrypted stored data, which is hosted within the United States and/or internationally with third-party cloud storage providers, without Your consent. The Backup Service may disclose Your information if such action is necessary to comply with applicable law or to enforce The Backup Service’s Terms of Service. If another entity acquires The Backup Service or all or substantially all of The Backup Service’s assets, information that The Backup Service has collected from customers and users, including personally identifiable information, may, and You consent to, the secure transfer of such information to a successor.

DO NOT TRACK

The Backup Service belongs to ad networks that may use Your browsing history across participating websites to show You interest-based advertisements on those websites. Currently, our Services do not recognize if Your browser sends a “do not track” signal or similar mechanism to indicate You do not wish to be tracked or receive interest-based ads.

ACCESS

You have the right to access, amend or delete Your personally identifiable information held by The Backup Service. If You wish to obtain a copy of particular information about You, or if You would like to correct, amend or delete that information, please access the password-protected, web-based The Backup Service administrative dashboard and supply Your valid login credentials or send an email to privacy@TheBackupService.com.

CHOICE

You have the right to object to the processing and use of certain of Your personally identifiable information and the disclosure of Your personally identifiable information to third parties. To exercise Your choice, please follow the removal instructions in communication that You receive, request to be unsubscribed, or email The Backup Service at privacy@TheBackupService.com . Your opt-out request will be processed within 30 days of the date of receipt. Please note that opting-out of receiving promotional email will not affect delivery of service-related, transactional, or legal communication.

CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from The Backup Service, once per calendar year, information about customer information The Backup Service has shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which The Backup Service shared customer information for the immediately prior calendar year (e.g. requests made in 2016 will receive information regarding 2015 sharing activities). To obtain this information, please send an email message to privacy@TheBackupService.com with “Request for California Privacy Information” in the subject line of Your message.

SECURITY

The Backup Service has reasonable and appropriate security measures in place to protect against loss, misuse and alteration of information under The Backup Service’s control. Please be advised, however, that we cannot, and do not believe anyone can genuinely, guarantee or warrant absolute security of any information You disclose or transmit to a third party. As a result, You agree that You will not hold The Backup Service responsible for the theft, destruction, or inadvertent disclosure of Your personally identifiable information.

LINKING

Furthermore, the Website may contain links to other websites that The Backup Service does not control or maintain. The Backup Service is not responsible for the privacy practices employed by these other websites. The Backup Service encourages You to read the privacy statements of such other websites before submitting any personally identifiable information.

REGARDING CHILDREN

Children under 13 are not permitted to use The Backup Service's website, and may not submit any personally identifiable information to The Backup Service. The Backup Service does not knowingly collect any personally identifiable information from children under 13 years old or knowingly distribute such information. If a child under 13 has provided The Backup Service with personally identifiable information, the parent or guardian of that child should contact The Backup Service immediately at privacy@TheBackupService.com to delete this information.

U.S.-SWISS SAFE HARBOR FRAMEWORK

The Backup Service has committed to handling personally identifiable information in accordance with the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. The Backup Service has certified that it adheres to the U.S.-Swiss Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Unresolved privacy complaints regarding personal information from Switzerland will be referred to an independent dispute resolution mechanism, JAMS. If You do not receive timely acknowledgement of Your complaint, or if Your complaint is not satisfactorily addressed by The Backup Service, please visit the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield for more information. The Backup Service's self-certification on the U.S. Department of Commerce's Safe Harbor List can be found at http://export.gov/safeharbor.

To contact The Backup Service's privacy officer, please email privacy@TheBackupService.com

CHANGES TO THE BACKUP SERVICE'S PRIVACY POLICY

This Privacy Policy may change from time to time. The Backup Service will post any Privacy Policy changes on this page and, if appropriate, will provide email notification of such changes.

To contact The Backup Service's privacy officer, please email PrivacyShield@TheBackupService.com