PRIVACY POLICY

EFFECTIVE DATE: September 14, 2020 (view archived versions)

Cloudbyz ("Cloudbyz," "Company," "us," "our," or "we" refers to Cloudbyz, Inc. and its subsidiary entities) is committed to protecting your privacy online. This privacy policy ("Policy") discloses our privacy practices for our site (located www.cloudbyz.com) that link or refer to this Policy (such as our website pages, mobile software applications, social media pages and HTML-formatted email messages), as well as through offline sales and marketing activities and related applications (collectively "Platform"), services, events and programs offered by Cloudbyz (collectively, "Services"). This Policy is designed to help you understand what information we collect and how we collect, share, and use the information. The Policy applies to all of our Platform visitors, registered users, and subscribers. By accessing or using our Platform, you consent to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this Policy. Irrespective of which country you reside in or supply information from, you authorize us to use your information in the United States and any other country where we may operate.

Our Services are not intended or designed for use by children under 18 and we do not knowingly collect personal information from children under 18. If you are not 18 years of age, please discontinue such use immediately.

This Policy does not apply to the content that customers submit to the Cloudbyz applications (the “Platform”), including any Personal Information of their end users, or to applicants who submit Personal Information and a resume or curriculum vitae in connection with applying for a job with the Company. Customers should refer to their agreement with Cloudbyz for information about how we handle content you submit through our Platform. Cloudbyz’s websites may contain links to other websites.

The information practices or the content of such other websites is governed by the privacy statements of such other websites. The Company encourages you to review the privacy statements of other websites to understand their information practices.

HERE'S THE PERSONAL INFORMATION WE COLLECT:

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual, such as name, address, telephone number, or email. We collect the following types of Personal Information from our users:

PERSONAL INFORMATION YOU PROVIDE TO US:

We collect the following types of information through our Services when you choose to provide it to us by filling out a form or taking some other explicit action. You can choose not to provide us with any of the information below, but you may not be able to take advantage of certain features without creating an account or providing the appropriate information.

  • Content you provide through our websites: The Services also include our websites like www.cloudbyz.com and social media or social networking websites operated by us. We collect other content that you submit to these websites. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, promotions, activities or events.

  • Private Account Information: You can create an account on our Platform (your "Account") by logging in using a third party service such as Salesforce.com, Inc. ("Salesforce") or services available through Salesforce's AppExchange platform (the "AppExchange"). Your actual password is never stored or visible to us, our agents or employees.

  • Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with an Account. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.

  • Payment Information: Purchases of our Services are made only through your employer or via purchases that you, your employer or others may make via Salesforce or the AppExchange. If you purchase any Services via Salesforce or the AppExchange, those third parties may collect certain information regarding your purchase (such as your name, company name, address and location information, purchased items) as necessary to process your order, and you will be required to provide certain payment and billing information such as your credit card information and billing address. We do not directly access, store or collect your credit card information.

  • Information Provided in Promotions or through Corporate Events: You may be asked to submit Personal Information when you enter a contest or sweepstakes, fill out a survey or interact with us at a corporate event, such as Dreamforce where Cloudbyz could be participating in various capacities.

  • User Uploaded Information and Information Obtained about Third Parties: If you provide us with Personal Information about others, such as internal personnel lists, affiliate lists, or customer or prospect lists or other information, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy. You understand that it is your responsibility to obtain all necessary approvals and clearances prior to providing any third-party Personal Information in association with our Platform.

PERSONAL INFORMATION COLLECTED FROM OTHER SOURCES:

We receive your Personal Information from other sources, such as publicly available databases. Similarly, an administrator may provide your contact information when they designate you as the billing or technical contact on your company's Account.

  • Cloudbyz Partners: We work with a global network of partners that provide consulting, implementation, training and other services around our products. Some of these partners also help us to market and promote our products, generate leads for us, and resell our products. We receive information from these partners, such as billing information, billing and technical contact information, company name, what Cloudbyz products you have purchased or may be interested in, evaluation information you have provided, what events you have attended and what country you are in.

  • Other Partners: We receive information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our Services and online advertisements.

INFORMATION COLLECTED AUTOMATICALLY:

In order to understand how our Platform is being used and to make it better, we also automatically receive, store, and log certain types of technical information whenever you interact with our Platform. Information of this sort does not reveal your specific identity or does not directly relate to an identifiable individual and includes:

  • Technical Information About Your Browser and Mobile Device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device identifier, device manufacturer and model, language, Internet browser type and version and the name and version of the Service (such as the mobile application) you are using. This information is used in the aggregate to help us optimize the Platform for common browsers and devices.

  • App Usage Information: When you download and use a mobile application, we and our service providers may track and collect mobile application usage data, such as the date and time the mobile application on your device accesses our Platform and what information and files have been downloaded to the mobile application based on your device number.

  • Usage Information, Such As The Pages You Request, Searches You Conduct, Emails You Open And The Features You Interact With: This information is used in the aggregate to generate statistics about how the Service is being used and is never shared in any form that would identify you personally.

  • Cookies: These are alphanumeric identifiers that help us to distinguish between unique browsers and devices in order to avoid showing you the same information twice, keep you logged into our Services and improve your experience. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience.We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. You are always free to decline our cookies if your browser permits, but some parts of our Services may not work properly in that case.

  • Pixel Tags and Similar Technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.

    • Analytics: We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

  • IP Address: Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing problems and administering the Services. We may also derive your approximate location from your IP address.We may use and disclose information collected automatically for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine information collected automatically with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

If we are required to treat information collected automatically as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy.

HERE'S HOW WE USE YOUR PERSONAL INFORMATION:

In addition to the specific uses discussed above, your Personal Information may be used by us or our service providers for legitimate business purposes, including: Providing the functionality of the Services, Platform and fulfilling your requests:

Providing the functionality of the Services, Platform and fulfilling your requests:

  • To respond to requests that you make or to aid us in serving you better;

  • To fix technical problems and trouble-shoot errors or issues with an Account or the Services and handle or respond to customer support questions and issues;

  • To provide administrative services and communicate with you regarding your Account;

  • To provide you with updates, offers, and announcements about products, new products, services, features, promotions, enhancements, improvements or updates;

  • To notify you when we make material changes to this Policy;

  • To process or fulfill your request(s) and/or order(s) for Accounts, information, or features;

  • To enable user-to-user communication and interaction;

  • To track purchases and usage information;

  • To manage your Account and Services preferences, establish your profile and Account information.

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation. Providing you with marketing materials and facilitating social sharing:

  • To market our products and/or services to you, including sending you information, newsletters, email campaigns, and communications regarding new, improved, or existing products or promotions;

  • To facilitate social sharing functionality that you choose to use.

We will engage in this activity with your consent or where we have a legitimate interest. Analysis of Personal Information for business reporting and providing personalized services:

  • To provide, administer, and facilitate your use of an Account and Services;

  • To solicit input and feedback to improve user experience;

  • To ask you to participate in surveys about products and services.

We will provide personalized services either with your consent or because we have a legitimate interest. Allowing you to participate in sweepstakes, contests or other promotions:

  • To market, process, or fulfill promotions administered or sponsored by us or by our partners or affiliates.

    Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information.

We use this information to manage our contractual relationship with you. Aggregating and/or anonymizing Personal Information:

  • To create, review, analyze and share aggregate information where we have a legitimate interest to do so. We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.

Accomplishing our legitimate business purposes:

  • To develop new and/or improved Accounts or offerings;

  • To evaluate our Services and determine how to improve the general user experience;

  • To monitor the technical functioning of the Accounts and Services;

  • To identify, research, and protect against any actual, potential or threatened misuse, unauthorized use, or unwanted use of any of Accounts and Services, including but not limited to researching any claims made by or about other users and/or about Accounts and Services, and such efforts of which may include information provided from third-party sources;

  • To analyze trends and user traffic;

  • To resolve disputes; or

  • As we, in our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, members of the public, and/or the Account and Service.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

HERE'S HOW WE SHARE YOUR PERSONAL INFORMATION:

We disclose Personal Information:

  • We will not disclose your Personal Information to any persons or entities outside of our company, nor lease, license, rent, transfer, disclose, disseminate or otherwise grant access to such information unless:

    • You have been given an opportunity to "opt-in" and have agreed to opt-in to such disclosure of your information;

  • We must share your information in order to provide a product or Service that you have ordered or requested, in which case, whenever possible, we will require that any third person or entity we use to fulfill your order agrees that it does not have the right to use your information other than to fulfill your order or request;

  • When we believe in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

  • If we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your Personal Information may be sold or transferred as part of that transaction;

  • To a third party, such as Salesforce.com, for the proper functioning of and access to our Services or to any other third party with your prior consent to do so;

  • We receive a request in connection with or relevant to a judicial, governmental or legal inquiry, investigation, order, or proceeding;

  • We are required to respond to a subpoena, court order, or other requirement of law, which requires disclosure of your information;

  • It is reasonably necessary to enforce this Policy, or any other legal agreements;

  • It is required to detect, prevent, or otherwise address fraud, abuse, misuse, potential violations of law (or rule/regulation), and/or security or technical issues;

  • It is required or reasonably necessary to protect against imminent harm to the rights, property or safety of us, our users, employees, any minors, members of the public and/or the Platform.

  • CLOUDBYZ provides Services in partnership with companies such as Salesforce.com. If you purchase our Services in conjunction with such partners, we may share your Personal Information and any information which you upload using our Services to those partners. CLOUDBYZ does not control our partners' use of Personal Information or other information that you provide and their use of such information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or Service.

  • We may also disclose information about you to our auditors or legal advisors in conjunction with accessing our disclosure obligations and/or rights under this Policy.

Note that by using the Services, you may elect to disclose Personal Information:

  • On message boards, chat, profile pages, blogs and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.

HERE'S WHAT WE DO TO KEEP YOUR INFORMATION SECURE:

We take commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of your Personal Information that you share and we collect and store. These security measures may include practices such as keeping your sensitive or Personal Information on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our Services using secure socket layer technology (SSL), internal reviews of our data collection practices and platforms, as well as technical security measures to guard against unauthorized access to systems where we store your information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Service cannot be guaranteed and you transmit such information at your own risk; and (c) any such information and data may be viewed or tampered with in transit by a third party.

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

HERE'S WHAT YOU CAN DO TO PROTECT YOUR PERSONAL INFORMATION:

While we are committed to taking all reasonable precautions to protect your Personal Information, there are steps you can take as well; such as:

  • Use only secure websites when disclosing your information. Secure pages begin with "https."

  • Create strong passwords and use them wisely (e.g., don't use the same password for us that you use for your bank, for example).

  • Never respond to unsolicited requests for your social security number or financial information.

  • Do not disclose your passwords to the Services or your Account Information to any other person.

  • Be sure to sign off when finished using a shared computer.

  • Be careful about disclosing Personal Information such as your name, address, or e-mail address in discussion forums or other public areas of the Services. Any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties.

  • Be aware when clicking on hypertext links and third party advertising on the Services, if any. Other sites accessible through our Services via links or service partnerships have their own privacy policies and data collection, use and disclosure practices. We encourage you to review other websites' policies before revealing any sensitive or Personal Information. Additionally, other companies may place advertising on our Services and may collect information about you when you view or click on their advertising through the use of cookies. You should contact these advertisers directly if you have any questions about their use of the information that they collect. We cannot be and are not responsible for maintaining your privacy once you leave our Services and are not responsible for the policies or practices of third parties. In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the mobile applications or our Social Media Pages.

HERE'S WHAT YOU CAN DO IF YOU DON'T WANT TO RECEIVE COMMUNICATIONS FROM US:

OPT-OUT

You can opt out of any marketing communications sent by us via the Services on a going-forward basis by following the instructions included with each email or by contacting us with an unsubscribe request at: privacy@cloudbyz.com; however our employees, contractors or agents may still need to contact you personally, for example, if you are in violation of our license or Subscription Agreement.

A NOTE FOR CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

California residents have the right to receive: a) information identifying any third party company(ies) to whom we may have disclosed (within the previous calendar year) Personal Information pertaining to you for that company's direct marketing purposes; and b) a description of the categories of Personal Information disclosed. If you are a California resident and wish to obtain such information, submit a request to privacy@cloudbyz.com with "Request for California Privacy Information" as the subject line and in the body of your message. Please be aware that not all information sharing is covered by requirements and only information on covered sharing will be included in our response.

HERE'S HOW YOU CAN UPDATE, DELETE, OR CORRECT YOUR PERSONAL INFORMATION:

We encourage you to promptly update your Personal Information if it changes. If you are concerned about the accuracy of Personal Information maintained by us or would like to request to review, correct, update, suppress, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us with your request at: privacy@cloudbyz.com. We will respond to your request consistent with applicable law. We may decline requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or are extremely impractical. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase)

OUR COMMITMENT TO THE EU-U.S. AND SWISS-U.S. PRIVACY SHIELD PRIVACY FRAMEWORK

  • Cloudbyz complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.

  • Cloudbyz has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

  • Cloudbyz’s participation in the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework is subject to investigation and enforcement by the Federal Trade Commission.

  • In compliance with the Privacy Shield Principles, Cloudbyz commits to resolve complaints about data subject privacy and our collection or use of data subject Personal Data. Data Subjects with inquiries or complaints regarding this Privacy Shield Policy should first contact Cloudbyz at: privacy@cloudbyz.com

  • Cloudbyz has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

  • Under certain conditions detailed in the Privacy Shield, Data Subjects may be able to invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.

  • In the context of an onward transfer, Cloudbyz has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. The Cloudbyz shall remain liable under the principles if its agent processes such personal information in a manner inconsistent with the principles, unless the Cloudbyz proves that it is not responsible for the event giving rise to the damage.

HERE'S WHAT WE DO OUTSIDE THE UNITED STATES:

Your Personal Information may be stored and processed in any country where we have offices or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information. If you are located in the EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting privacy@cloudbyz.com.

HERE’S HOW LONG WE RETAIN YOUR INFORMATION:

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an Account with us or keep using the Services);

  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

HERE'S WHAT WILL HAPPEN IF WE CHANGE THIS POLICY:

We may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. If we make changes that, in our sole discretion, we consider to be material, we will notify you by delivering an announcement via our Services to the email address associated with your account prior to the change becoming effective. It is your responsibility to maintain a valid e-mail address as a registered user. If you opt out of communications from us, you may not receive these notifications, however they will still govern your use of the Services, and you are responsible for checking for any changes. Any changes will become effective when we post the revised Policy. Your use of the Services after the changes become effective means that you accept the modified Policy.

MISCELLANEOUS PROVISIONS

No waiver by use of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services and Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Privacy Policy is found to be unenforceable for any reason, than that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs.

HERE'S HOW YOU CAN CONTACT US:

If you have any questions about this Privacy Policy, the practices of our Services or Platform, or your dealings with our Services or Platform, please contact us by email at privacy@cloudbyz.com

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

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