Effective Date: November 8, 2018
The purpose of this document is to describe policies about privacy for business information collected on the Cloud9 Technologies, LLC corporate website (www.C9tec.com) (the “Site”) and from users signing up, registering for, and using Cloud9’s services (the “Services”). This privacy notice applies to Cloud9 and its wholly owned subsidiaries Cloudnimbus Holdings Ltd. and Jetstream Technologies PTE, Ltd. (collectively, Cloud9).
The scope of this procedure covers the types of business information collected on the Site or during the provisioning or use of Services, how this information is used, with whom it is shared, and the choices available regarding the use of the information by Cloud9. It also describes the measures taken to protect the security of the information and how to contact Cloud9 about the privacy practices. This Privacy Notice does not apply to any third-party websites, services or applications that you may access through the use of the Cloud9 Site or the Services. The Privacy Notice and End User License Agreement (“EULA”) describe the rights of individual users of the Site and Services.
Cloud9 collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are an employee of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
Cloud9 acknowledges that you have the right to access your personal information. Cloud9 has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Cloud9’s Client (the data controller). If requested to remove data we will respond within a reasonable time frame.
We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Cloud9 will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Cloud9 (“we” or “us”) are committed to protecting and respecting your privacy. We are registered in the State of Delaware, United States of America under company number 464648262 and have our registered office at 565 5th Avenue, New York, NY, 10017
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. Before using our Site and the Service , please understand that we collect and use the information you supply to register users for our Services, deliver and enhance the Services, administer all uses of the Services, and interact with our users, which includes our use of user contact information (e.g., your email and phone number) to provide information about Services for training, product notifications and other purposes that allow you to receive the benefits of our Site and Services (“Platform”) .
If you are a visitor to our Platform, Cloud9 is the data controller under data protection laws, and is responsible for protection of your personal data, which is means we are responsible protecting information that identifies you, directly or indirectly, such as your name, an identification number, location data, and the like, provided you are a natural person. For inquires contact us at email@example.com.
If you are one of our customers (or are authorized to access our Platform by one of our customers), then we are a data processor with respect to the information you provide and we act as a data processor under data protection laws, meaning your company is responsible for determining how your personal data is handled and we process (use, store, transfer and otherwise handle) your personal data based on your company’s instructions. The company that has authorized your use of our Platform should be consulted regarding any questions about our processing of all personal data that we do on their behalf
The types of personal data we use
We may collect and use the following information about you:
- You may give us information about you by using our site, our Platform or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register for and/or use the Platform, such as:
- Certain information and business information, such as name, job title, company name, email address, phone number and postal address;
- Contact information (such as name, postal address, email address, and phone number);
- Username and encrypted password to access Cloud9 products and services;
- Free form content that may be provided in message boxes on the corporate website;
Cookies and Similar Tracking Technologies
As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.
We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
How we use your personal data
We will use the information in the following ways:
- Create and manage your account(s);
- Offer and provide you with our products and services;
- Communicate with you about, and administer your participation in, surveys, events, programs, webinars, product information, newsletters, promotions and other offers;
- Display content to you on our Site;
- Respond to and communicate with your inquiries and requests and provide the requested information;
- Process your claims received in connection with our Services and associated hardware and software products;
How we use Usage Data (which in some, but not all instances, may include your personal data)
We will use Usage Data in the following ways:
- Operate, evaluate and improve our Services (including developing new products and services; enhancing and improving existing Services; managing our communications with you; analysing our products; performing data analytics; and performing accounting, auditing, billing reconciliation and collection activities and other internal functions);
- Perform data analyses and processing (including market and consumer research, trend analysis, financial analysis, encryption and tokenization of business information);
Usage Data is contained in call records that we use only and exclusively to administer, deliver and improve our Services. We address call records in our standard Service Agreements which are designed to address their use.
Cloud9 also may use the information in other ways for which Cloud9 provide specific notice at the time of collection.
How we share your personal data
We do not sell or otherwise share business information about you, except as described in this Privacy Notice. We may share business information with third parties who perform services on our behalf and third-party distributors to enable them to provide users with Cloud9 products or services. These third parties are not authorized by Cloud9 to use or disclose the information except as necessary to perform services on behalf of Cloud9 or comply with legal requirements and are subject to confidentiality and non-disclosure obligations in our agreements with them to protect your personal data. These companies are authorized to use your personal information only as necessary to provide these services to us. These services may include:
- Fulfilling orders and delivering packages
- Providing customer service
- Sending marketing communications
- Fulfilling subscription services
- Conducting research and analysis
- Providing cloud computing infrastructure
In addition, we may share your personal information as required by law, such as in response to a subpoena or other legal process, to establish or exercise our legal rights, to defend against claims, or to protect the safety or security of the public or of users of this Site or Services, investigate fraud, or respond to a government request. Cloud9 reserves the right to transfer any information about users in the event that Cloud9 sells or transfers all or a portion of the Cloud9 business or assets (including in the event of a reorganization, dissolution or liquidation).
Where we store your personal data
We store production data in our AWS cloud infrastructure located in the United States of America. We operate in the United States, EMEA and Asia Pacific when we transfer personal data out of the European Economic Area (EEA) we use the Model Standard Clauses when we process it in the United States or Singapore. The Model Clauses will be incorporated in the Service Agreement we enter with our customers, when transfers out of the EEA are required.
How business information is protected
Cloud9 maintains administrative, technical and physical safeguards designed to protect the personal information provided against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
We follow generally accepted security practices and procedures to protect the personally identifiable information you provide from unauthorized access, use and disclosure, and we require that our authorized service providers implement and maintain such security practices and procedures as well. Nevertheless, please be aware that Internet transmissions are never completely private or secure. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org
User Access and Choice
Upon request Cloud9 will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by contacting us at email@example.com. We will respond to your request within a reasonable timeframe.
This Site and all Services are intended for adults. Accordingly, we do not knowingly collect information from children under the age of eighteen.
E.U.– U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD
Cloud9 participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Frameworks, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]
Cloud9 is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Cloud9 complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Cloud9 is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
We will retain your information as follows:
- Production data is kept as defined for a retention period defined by each of our customers. If a customer does not designate a customized retention period, the data will be kept until our customer requests the data to be deleted or until the data is no longer required for us to provide the aspect of the Service for which it was collected. Cloud9 will keep data indefinitely in the event a legal hold has been placed on the data as requested by law or regulation
- Log retention period – Every log and audit trail produced by a Cloud9 computer or communication system will be retained for 3 months
- Access control privilege log retention – Computerized records reflecting the access privileges of each user of Cloud9 multi-user systems and networks will be securely maintained for at least 90 days.
- Marketing. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
- Data rights. You have the right to access information we hold about you, to rectify any personal data held about you that is inaccurate, to receive a copy of the data we hold about you in a structured, commonly-used and machine-readable format, and to request the deletion of personal data held about you. You can exercise your rights by contacting us at email@example.com
- Complaints. If you wish to make a complaint about how we process your personal data, please contact us in the first instance at firstname.lastname@example.org and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with your data protection authority.
Cloud9 user’s Choices
- Cloud9 offers certain choices in connection with the business information obtained from users, such as how Cloud9 uses the information and how Cloud9 communicates with users. To update user’s preferences, ask Cloud9 to remove information from Cloud9 mailing lists or submit a request, please contact Cloud9 as specified in the Contact Cloud9 section of this Privacy Notice.
- To the extent provided by the law of Cloud9’s jurisdiction, users may (i) have the right to access certain business information Cloud9 maintains about users and obtain a copy of that information, (ii) update or correct inaccuracies in that information, (iii) object to Cloud9’s use of user’s business information, and (iv) block or delete a user’s business information from the Cloud9 database. To exercise these rights, please contact Cloud9 as indicated in the Contact Cloud9 section of this Privacy Notice. To help protect user’s privacy and maintain security, Cloud9 may take steps to verify user’s identity before granting access to the information.
Links to Other Websites
Cloud9 Site may provide links to other websites for user’s convenience and information. These websites may operate independently from Cloud9. Linked websites may have their own privacy notices or policies, which Cloud9 strongly suggest user’s review if visiting any linked websites. To the extent any linked websites that a user may visit is not owned or controlled by Cloud9, Cloud9 is not responsible for the website’s content, any use of the website, or the privacy practices of the website.
We may update this Privacy Statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Do not track
We do not support Do Not Track on this Site at this time. Do Not Track (DNT) is a privacy preference you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit donottrack.us
Questions, comments and requests regarding this policy are welcomed and should be addressed to email@example.com or
565 5th Avenue, 18th floor
New York, NY, 10029
Any violation of this policy may result in disciplinary action, up to and including termination of employment. Cloud9 reserves the right to notify the appropriate law enforcement authorities of any unlawful activity and to cooperate in any investigation of such activity. Cloud9 does not consider conduct in violation of this policy to be within an employee’s or partner’s course and scope of employment, or the direct consequence of the discharge of the employee’s or partner’s duties. Accordingly, to the extent permitted by law, Cloud9 reserves the right not to defend or pay any damages awarded against employees or partners that result from violation of this policy.