PRIVACY POLICY FOR THE ONTRACK SOLUTION

You entered into an End User Licence Agreement (“EULA“) with Ontrack Management Solutions Limited (the “Company”, or “we” or “us” or “our”).

We are committed to protecting and respecting your privacy.

This policy (together with the EULA and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Capitalised terms in this policy have the same meanings as in the EULA.

Please read the following carefully to understand the applicable laws and our practices regarding your personal data and how we will treat it. By using the Ontrack Solution, you are accepting and consenting to the applicable laws and practices described in this policy.

Ontrack supports and complies with the General Data Protection Regulations (GDPR).

If you have any questions about this policy, please contact us by email at support@ontrackms.com or by pre-paid post to Ontrack Management Solutions Ltd at 12 Priestley Way, London NW2 7AP.

1.         INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following information about you:

1.1 Information you give us

You may give us information about you by using the Ontrack Solution or by corresponding with us by phone, email or otherwise. This includes information you provide when you use the Ontrack Solution. The information you give us may include your name, address, email address and phone number, personal description, and any image, video, audio, animation, text, and any other data captured via the Apps or the Service.

1.2 Information we collect about you

With regard to each of your uses of the Ontrack Solution we may automatically collect the following information:

1.2.1                technical information, including the Internet protocol (“IP”) address used to connect your computer to the Internet, the device ID of your Device, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

1.2.2                information about your use, including the full Uniform Resource Locators (“URL”) clickstream to, through, and from the Service or Apps (including date and time), pages you viewed, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;

1.2.3                any phone number, email or address used to contact our customer service team or information provided in this correspondence.

1.3 Information we receive from other sources

We may receive information about you if you use the Ontrack Solution. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical and delivery services, analytics providers) and may receive information about you from them.

2.         COOKIES

2.1             The Service and the Apps use cookies to distinguish you from other users of the Ontrack Solution. This helps us to provide you with a good user experience when you access the Ontrack Solution and also allows us to improve our Ontrack Solution.

3.         USES MADE OF THE INFORMATION

We use information held about you in the following ways:

3.1 Information you give to us

3.1.1                We will use this information:

(a)        to carry out our obligations arising from any contracts entered into between you and us and to provide you with the Ontrack Solution;

(b)       to improve our Ontrack Solution;

(c)        to notify you about changes to our Ontrack Solution;

(d)       to ensure that the content of our Ontrack Solution is presented in the most effective manner for you and for your Device; and

(e)        to guide the development of the Ontrack Solution.

3.2 Information we collect about you

We will use this information:

3.2.1                to administer the Ontrack Solution and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

3.2.2                to improve the Ontrack Solution to ensure that content is presented in the most effective manner for you and for your Device;

3.2.3                to allow you to participate in interactive features of our Ontrack Solution, when you choose to do so; and

3.2.4                as part of our efforts to keep the Ontrack Solution safe and secure.

3.3 Information we receive from other sources

We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

4.         DISCLOSURE OF YOUR INFORMATION

4.1             We will use commercially reasonable efforts to ensure that any third party with whom we share your personal information complies with applicable laws and regulations.

4.2             We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

4.3             We may share your information with selected third parties including:

4.3.1                business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;

4.3.2                analytics providers that assist us in the improvement and optimisation of the Ontrack Solution; and

4.3.3                where you participate in a group or elect to share your information with other groups, the Ontrack Solution will allow you to share certain personal or other information of yours with those groups in order to provide the Ontrack Solution to you and to others.

4.4             We may disclose your personal information to third parties:

4.4.1                in the event that we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets;

4.4.2                if our assets, or substantially all of our assets are acquired by a third party, personal information held by us about you will be one of the transferred assets; or

4.4.3                if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our EULA or any other agreements relating to the Ontrack Solution; or to protect our rights, property, or safety of the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction as well as law enforcement.

5.         WHERE WE STORE YOUR PERSONAL INFORMATION

5.1             The information that we collect from you may be transferred to, and stored in, a country other than where you are located. It may also be processed outside your location by employees who work for us or for one of our suppliers. Such employees may be engaged in, among other things, the provision of support services. By submitting your personal information, you agree to this transfer, storing and processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this privacy policy. We may continue to store content that you upload to any part of the Ontrack Solution after you terminate your account.

5.2             All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access the Ontrack Solution, you are responsible for keeping this password confidential. You should not share this password with anyone.

5.3             Unfortunately, the transmission of information via the internet is not completely secure. Although we will work hard to protect your personal information, we cannot guarantee the security of your information transmitted to the Ontrack Solution; use of the Ontrack Solution is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

6.         YOUR RIGHTS

Our Ontrack Solution may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.

7.         BE CAREFUL WHEN YOU SHARE INFORMATION WITH OTHERS

Please be aware that whenever you share information through the Ontrack Solution, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

8.         CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy policy. The changes will go into effect on the “Last updated” date shown in the revised privacy policy. By continuing to use the Ontrack Solution, you are consenting to the revised privacy policy.

9.         CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Ontrack Management Solutions Ltd by email to support@ontrackms.com or by pre-paid post to Ontrack Management Solutions Ltd at 12 Priestley Way, London NW2 7AP.

Ontrack Privacy Policy, Version 3, May 2018