Opsmate

Last revised: February 24, 2014

Your privacy is critically important to us. At Opsmate, Inc. ("Opsmate") we have a few fundamental principles:

• You retail full ownership of all data that you back up to us.
• We only collect and store personal information that's necessary to provide, administer, and improve our service.
• We will never sell or otherwise disclose your personal information for marketing purposes.
• We will share your data only with trusted vendors who help us provide our service, or to protect our rights, or when legally compelled.

Below is our Privacy Policy ("Policy") which incorporates these goals. This Policy covers our collection, use, and disclosure of all data that we collect through our website www.opsmate.com, the Opsmate backup service, and other related services (collectively, the "Service"). This Policy is incorporated into, and considered a part of, the Opsmate Terms of Service, located at https://www.opsmate.com/terms. By using the Service, you agree to the terms of this Policy and you expressly consent to the handling of your data in accordance with this Policy.

If you have questions about this Policy, please email opsmate@opsmate.com.

Types of Data We Collect

• Server Logs. Like most website operators, Opsmate collects web server log data when you visit the Opsmate website. This data includes the request URL, the data and time of your request, your IP address, your operating system and web browser type (the "User-Agent" string), your language preference, and the referring URL. Also, when you connect to the Service using the Opsmate agent program, your IP address is logged.
• Personal Information. When you sign up for the Service or later modify your account preferences, you provide "Personal Information," including, but not limited to, name, email address, password, and contact information.
• Service Data. When you use the Service to back up your data, you upload "Service Data," including encrypted backed-up files, encrypted metadata (such as filenames), unencrypted metadata (file inode numbers and directory structures), and (optionally) private cryptographic keys that can be used to decrypt your Service Data. If you do not wish to upload private cryptographic keys to Opsmate, you should enable Paranoid Mode as described in the Service help documentation.
• Correspondence. We collect other information you volunteer to us, in emails, live chats, phone calls, support tickets, or other communication or correspondence ("Correspondence"), as well as metadata (such as IP addresses and caller ID) attached to such Correspondence.

Cookies

Like many websites operators, Opsmate uses "Cookies," which are small pieces of data that a website can save to your computer's hard drive while you are visiting a website. We associate the data we store in Cookies with the personally identifiable information you submit while on our site. Cookies can be disabled and deleted through your Web browser preferences. Please note that you will be unable to access your Opsmate account if you disable Cookies.

Use and Storage of Data

Server logs are stored and are used only for improving, administering, and troubleshooting the Service. Old logs are periodically purged.

Passwords are never stored, except as a salted and strengthened irreversible cryptographic hash. Passwords are used only for authenticating you with the Service.

All other data that we collect is stored and used only for providing you with the Service.

Disclosure of Data

Opsmate may transmit to, and store your data with, third party vendors who provide storage, database, or compute services to Opsmate. Opsmate retains full control of this data. No processing of your data is performed by third parties, except as otherwise described in this Privacy Policy.

Opsmate may disclose your data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Opsmate; or (b) protect or defend the rights or property of Opsmate or users of the Service.

Opsmate does not otherwise sell, trade, share, or rent your data to third parties.

Collection of Data by Third Parties

Opsmate out-sources its credit card processing to a third party credit card processor. When you enter your payment details (such as credit card number) through our Service, our third party credit card processor collects and stores it on our behalf. Our credit card processor adheres to PCI compliance in the storage and handling of your payment details.

Opsmate may link to third party websites from our website. If you choose to follow such a link, the other website may collect personal data from you. Opsmate is not responsible for the data collection practices of the the third party website, and a link to another site is not an endorsement from Opsmate of their privacy practices.

Opsmate may embed social networking widgets on its site. These widgets may transmit the URL of the page you are visiting to the social networking service. Opsmate is not responsible for how this data is used by the social networking service.

Opsmate does not embed ads in its website.

Use of Your Email Address

When you sign up for the Service, you provide your email address to us. As long as your account is active, we may use your email address in the following ways:

• To send you automated transactional emails related to your account, including, but not limited to, invoices, payment receipts, and account alerts.
• To send you updates to the Terms of Service and Privacy Policy, and other legal notices.
• To send you email notifying you of Service status, scheduled downtime, new features, new Opsmate products and services, and promotions of Opsmate products and services which may be of interest to you. You can opt out of such emails at any time by following the unsubscribe link at the bottom of the emails.

You may change the email address at which you receive emails by logging into the Service and visiting your account preferences.

To cancel your account and receive no future automated emails from us, email opsmate@opsmate.com. After your account is canceled, we retain the right to contact you via email for necessary legal or billing purposes.

You may also sign up for the Opsmate newsletter without being a user of the Service. When you sign up for the newsletter, you provide your email address to us, and consent to the reception of emails promoting Opsmate products and services. You can unsubscribe from future mailings at any time by following the unsubscribe link at the bottom of the emails.

Your email address is never sold and is never divulged except as otherwise provided in this Policy.

Deleting or Modifying your Data

You may change the Personal Information associated with your account by editing your profile within the account section of our website, or by emailing opsmate@opsmate.com.

We will retain your Personal Information for for as long as your account is active, or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.

You may request deletion of Personal Information associated with your account by emailing opsmate@opsmate.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it, indefinitely or for a certain time (in which case we will comply with your deletion request only after we have fulfilled such requirements).

When we delete or modify your Personal Information, it will be deleted from/modified in the active database, but may remain in archives.

Upon cancellation of your account, your Backup Data will be purged within 48 hours. Please be aware that due to the nature of how computers store data, fragments of your Backup Data may persist in caches and unallocated disk sectors. Such latent data is not easily accessible and Opsmate will make no attempt to access it.

Testimonials

With your consent, we may post a customer testimonial authored by you on our website which may contain personally identifiable information. If you later want your testimonial removed, please email opsmate@opsmate.com.

California Privacy Rights

Customers who are California residents may request and obtain from us once a year, free of charge, certain information about the Personal Information (if any) we shared with third parties for direct marketing purposes, and the identities of the third parties (if any) with whom we shared such data during the immediately preceding calendar year. If you are a California resident and would like to make such a request, please email opsmate@opsmate.com.

A Note About Children

Opsmate does not intentionally collect Personal Information about children under the age of 13.

Security of your Data

Opsmate is committed to protecting the security of your Personal Information and Service Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information and Service Data from unauthorized access, use, or disclosure. These measures are described on our website at https://www.opsmate.com/security. Despite these measures, you should know that Opsmate cannot fully eliminate security risks, and mistakes and security breaches may happen. If you have any questions, please email us at opsmate@opsmate.com.

Business Transfers

If Opsmate, or substantially all of its assets, were acquired, or in the unlikely event that Opsmate goes out of business or enters bankruptcy, user data would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Opsmate may continue to use your Personal Information as set forth in this Policy.

Changes to this Policy

Although most changes are likely to be minor, Opsmate reserves the right, at its sole discretion, to modify or update this Policy from time to time by posting an updated version of such Policy on this page (https://www.opsmate.com/privacy). When we change this Policy, we will update the "last revised" date at the top of this page. If there are material changes to this Policy, we will notify you either by posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Policy.