Privacy Policy
Last update: February 14, 2024
CloudX acts as a data controller when it processes Personal Information collected from Site users for its own purposes (e.g., to create and administer an account for licensees or their authorized users) and it acts as a data processor when it processes data on behalf of the end-user/licensees to provide the contracted services under the Agreement.
This Policy may be updated from time to time. If we make material changes, we may notify you by revising theLast Updated Date. Please check periodically for further updates and changes.You understand and agree that your continued use of the Site after the LastUpdated Date means the collection, use, and disclosure of your PersonalInformation is subject to the updated Policy. Except to the extent we receive your authorization, or as permitted or required by applicable law, we will handle your Personal Information in accordance with the terms of the Policy in effect at the time of the collection. The most updated version will be available on the Site.
This Policy is incorporated into and subject to the Terms of use. Unless otherwise noted, your use of the Site and continued interactions with us constitute your agreement to CloudX using information we collect about you in accordance with this Policy.
1. COLLECTION OF PERSONAL INFORMATION
We collect Personal Information that you voluntarily provide when you interact with the Site, such as when you create an account, login, and input data. This may include your name, username, password, address, company, and phone number.
We also collect the PersonalInformation of third parties that you provide such as name, address or phone number.
We use this information to operate the Site, carry out our business, comply with laws and for other purposes described in this Policy. You can always limit the information you provide, but if you choose not to provide certain requested information, you may be unable to access some of the functionality, features, or content on the Site.
Any time you visit the Site, we may collect information passively or automatically through cookies or other web technologies. For more information about data collected automatically, please see Section 2, below. We will not collect additional categories of Personal Information or use collected Personal Information for materially different, unrelated, or incompatible purposes without providing you notice.
2. COOKIES
The Site use cookies to collect and store certain information when you visit or use the Site. A cookie is a small file consisting of letters and numbers. This file uniquely identifies and recognizes your browser or device and transmits information to the server. We use two types of cookies – session cookies that expire after you leave the Site and persistent cookies that remain on your device for future visits.
We use strictly necessary cookies that are essential to the basic operation of the Site. For example, we use cookies to identify you when you sign in or keep you logged in to the Site, to save your preferences, to track information that you input into the Site, and for other purposes to make the Site and CloudX function.
Most browsers will allow you to block or refuse cookies. The Help Menu on the menu bar of many browsers will tell you how to do so; however, if you block certain cookies, some of the services and functionalities of the Site may not work. In addition, you may need to adjust your preferences manually each time you visit a website.
3. BROWSER-BASED DO NOT TRACK
Your browsermay incorporate a “Do Not Track” (DNT) feature. When turned on, the feature sendsa signal to websites and online services that you do not want to be tracked. Wedo not track Site users over time and across third-party websites and we do notrespond to DNT signals on our Site.
4. SOURCES
You. We collect and store information that you voluntarily provide to us through the Site or that is automatically collected from you, as noted in Section 2.
Third Parties. We may collect your information when athird party who is lawfully entitled to use and disclose it inputs the information into CloudX.
5. HOW WE USE YOUR PERSONAL INFORMATION
In general, we use the PersonalInformation we collect only for the purpose it was collected, for compatible purposes, as permitted or required by law, as necessary to carry out our contractual duties and obligations, and as otherwise provided in this Policy.For example, we may use your Personal Information in the following ways:
- To communicate with you (e.g., to send technical notices, updates, security alerts, support and administrative messages).
- To administer the Site; provide technical support (including to debug and troubleshoot); for security, fraud prevention and to prevent, detect, and investigate suspected illegal activities;
- To provide and deliver services under the Agreement.
- To verify or enforce compliance with the Terms of Use and policies that govern the Site and services.
- To conduct research and development related to developing and improving the Site and services.
- For other everyday business purposes (e.g., contract management and enforcement, record keeping, compliance with legal and regulatory obligations, internal investigations, quality control).
- To establish, exercise or defend a legal claim; to respond to law enforcement requests; as required by applicable law or court order; and for other lawful processes or public safety purposes.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
- To fulfill any other purpose for which you provide it.
6. DISCLOSUREOF PERSONAL INFORMATION
In general, we will not disclose, sell, or share, as those terms are defined by applicable data protection laws, your Personal Information except with your consent and as described in thisPolicy unless otherwise permitted or required by law. We may disclose yourPersonal Information for the purposes that we may use it, as described above in this Policy.
To carry out such purposes, we may disclose your Personal Information to
- Our parent
- Service providers and contractors who collect or process information on our behalf (e.g., for Site operation or hosting, security, IT services, cloud storage, fraud prevention). These third parties are not authorized to use or disclose Personal Information you provide through the Site for any purpose other than to perform the services designated by us.
- Professional advisors (e.g., lawyers, accountants, auditors, bankers, insurers).
- The licensees of this CloudX tool.
We may also disclose yourPersonal Information to third parties as necessary
- When needed by outside auditors and regulators.
- To comply with federal, state, or local laws.
- To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
- To cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local laws.
- To protect you, others, or us.
- To investigate allegations or claims and establish, exercise or defend legal claims.
- To evaluate or conduct a merger or sale involving all or part of our Site or as part of a corporate reorganization, stock sale or other change of control. Personal Information that we havecollected about may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets.
We will also disclose yourPersonal Information to third parties at your direction.
7. EXTERNAL LINKS AND THIRD-PARTY INTEGRATIONS
Our Site contains links to websites or resources outside of our Site for your informational purposes only. We may also provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services such as maps, sending requested information, etc. You acknowledge and agree we are not responsible for the availability of third-party sites, resources, or integrations and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites, resources, or integrations. We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of Personal Information that you provide, or is collected by, such sites. We encourage you to review the privacy policies and terms and conditions of any site you visit via a link from our Site.
8. HOW LONG WE RETAIN YOUR INFORMATION.
We will retain your PersonalInformation for as long as needed to provide services to you or as needed to fulfill our own obligations. We may also retain your Personal Information for longer if it is necessary for legitimate business purposes including to satisfy legal or reporting obligations, resolve disputes, improve our services or maintain security, comply with regulatory requirements, etc., or as permitted or required by applicable law. We may also retain your Personal Information in a deidentified or aggregated form so that it can no longer be associated with you.
To determine the appropriate retention period for your Personal Information, we consider various factors such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we process your Personal Information; applicable legal requirements.
9. HOW WE PROTECT THE INFORMATION THAT WE COLLECT
We use technical, administrative, and physical safeguards to help protect against unauthorized access to, use, or disclosure of the Personal Information we collect or store. Unfortunately, no data transmission over the Internet or any wireless network is 100% secure. Asa result, while we strive to take reasonable measures to protect your PersonalInformation, we cannot ensure, guarantee or warrant the security of any information you transmit, and you do so at your own risk.
10. NEVADA RESIDENTS
This section supplements and amends the Policy to disclose information about our data processing practices and your rights as required by NRS 603A. This section applies solely to individuals who are residents of the State of Nevada (“Consumers” or “you”).
Nevada law requires that we notify Nevada Consumers of their right to submit a verified request instructing us not to Sell any of the Covered Information we have collected or will collect about them through our Site.
Please note that we do not SellConsumer Covered Information. For purposes of this section, Sell means the exchange of Covered Information for monetary consideration by us to a person who will license or sell that information to additional persons. Covered information means a name, physical address, email address, phone number, SocialSecurity number, an identifier that allows you to be contacted physically or online, and any other information collected from you through the Site in combination with an identifier that makes the person’s information personally identifiable.
To submit your request, you may contact us at DataSecurity@cloudxsystems.net.
11. INTERNATIONAL TRANSFERS
For users who are not located in the U.S., when you input data into the Site, including Personal Information, it may be transferred to and stored on our servers in other jurisdictions, including the United States, which may not have similar data protection laws to the country in which you reside. Where required by applicable data protection law, such transfers will be made in reliance on adequate transfer mechanisms and CloudX will be the data importer.
12. CHILDREN’S PRIVACY
Our Site is not intended for children under 13 years of age. We do not knowingly collect Personal Information from children under 13. No one underage 13 may provide any Personal Information on the Website. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information.
13. APPLICABLE LAW
This Policy is governed by the internal substantive laws of New Jersey without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the state and federal courts within New Jersey. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.