Your use of StarWind Software, Inc.’s (“StarWind”) website, available at https://www.starwindsoftware.com/ (“Website”) and the services made available thereon (“Services”), including any dispute concerning privacy, is subject to this Privacy Policy and StarWind’s Terms of Use and Service (“Terms of Service”). Residents of certain U.S. states may have additional privacy rights under applicable state laws, including the right to access, delete, or opt out of certain data practices. StarWind will comply with such rights, if and as applicable. By using the Website or Services, you accept the practices set forth in this Privacy Policy and the Terms of Service. StarWind reserves the right to modify this Privacy Policy at any time by posting such changes on this page. Please check the “Last Updated” date above to determine if this Privacy Policy has been modified since you last reviewed it. Your continued use of any portion of the Website or Services following posting of the updated Privacy Policy will constitute your acceptance of the changes.
Should you have any concerns or believe that there are problems or issues relating to compliance with the policies outlined in this Privacy Policy, please notify our Data Protection Officer by e-mail at Bohdan.zvarun@starwind.com.
European Users
StarWind complies with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”). If you are a natural person of the European Union within the meaning of the GDPR, you are afforded certain additional rights by the GDPR as further described at https://www.starwindsoftware.com/gdpr-policy.
StarWind complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) , the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. StarWind has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. StarWind has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles, UK Extension to the EU-U.S. DPF and/or the Swiss-U.S. DPF Principles, the applicable Principles shall govern.
To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
We want you to always be aware of what personal and other information we collect, how we use that information, and under what circumstances we may disclose it. All personal information that we collect will be handled according to the Privacy Policy in effect at the time the information is collected. If the Privacy Policy changes in any significant respect in the meantime, we will not (without your permission) use your personal data in a manner that is inconsistent with the Privacy Policy in effect at the time your information was collected.
From time to time, we may find the need to make changes to this Privacy Policy. This Privacy Policy may be amended by StarWind upon notice given through the Website or via e-mail. Please check the Privacy Policy published on this Website regularly to ensure that you are aware of all terms governing your use of this Website.
You never have to provide personally identifiable information to StarWind, its licensees or affiliates. However, should you choose to withhold certain required information, StarWind, its licensees and/or affiliates may not be able to provide you with some or all of the Services. Some of the information we ask you to provide may be identified as mandatory or optional. If you do not provide the mandatory information with respect to a particular activity, you may not be able to engage in that activity or make such a purchase. StarWind will inform you of the mandatory or optional nature of the requested or required information.
StarWind may collect Personal Information that you voluntarily provide to it when registering on the Website to receive information about StarWind Services, obtaining demo samples or Services, or when participating in other activities on the Website or otherwise contacting StarWind. The Personal Information that StarWind may collect depends on the context of your interactions with the Website and Services. Such information may include:
Name and Contact Data: first and last name, job title, corporate e-mail address, your employer, phone number, and your country of residence.
Credentials: user account details, passwords for authentication, and account access. StarWind may also use similar credentials, like password hints and other security information, as the case may be.
StarWind requires that all Personal Information that you provide to be true, complete and accurate. You must notify StarWind or update your account if any changes to such Personal Information occurs. User account holders may be permitted to upload certain content onto the Website and Services. This information shall be private and, except in accordance with this Privacy Policy, will not be disclosed to third parties without your prior permission.
Furthermore, StarWind may collect your Personal Information when you contact StarWind’s customer support team via call, email or another communication tool. The purpose of collecting such information is to help you solve any issue you have with StarWind Services. The legal basis of collecting this information is StarWind’s fulfillment of contractual or pre-contractual obligations to you or your consent thereto. Additionally, StarWind may record support team calls. The purpose of call recording is quality control of StarWind’s customer support services and personnel training. The legal basis of call recording is StarWind’s legitimate interests in retaining you as a customer and providing you with first-class customer support services.
When you request a page from our Website, our servers log the information provided in the HTTP request header, JavaScript, or similar technical tools, including the IP number, the time of the request, the URL of your request, and other information. We collect this information in order to make our Website function correctly and provide you the functionality that you see on the Website, as our servers use this information to deliver the pages to you through the Website. We also use this information to better understand how visitors use our Website and how we can better tune our Website, their contents, and functionality to meet your needs. However, this information is not associated with any personally identifiable information of persons browsing the Website.
When you use the Website, StarWind or trusted third parties authorized by StarWind may also collect certain technical and routing information about your computer (also known as environmental variables) to facilitate your use of the Website and the Services enabled thereby. When you browse the Internet, your Internet browser (such as Mozilla Firefox, Google Chrome, or Microsoft Edge) automatically transmits some information to StarWind every time you access content on one of our internet domains. Examples of such information include the URL of the particular Web page you visited, the IP (Internet Protocol) address of the computer you are using, or the browser version that you are using to access the Website. All of this information may be collected by StarWind and used to help improve our offerings to you.
StarWind may purchase or receive limited data from public databases, marketing partners, or other publicly available sources. Examples of the information StarWind may receive from other sources include: social media profile information; marketing leads; search results; and links to paid listings (such as sponsored links).
StarWind’s trusted partners, such as Google, help StarWind to place advertisements on and off the Website and perform analytics. Please read StarWind’s current trusted partners’ privacy and cookies policies below:
· Social Intents Privacy Policy
Although we will always strive to guard your identity, we may disclose your personally identifiable information without your permission in limited circumstances. We will only do so if we have a good-faith belief that disclosure is reasonably necessary to (1) comply with laws, regulations, or government requests, or (2) to investigate or protect against harmful activities to our guests, visitors, associates, or property (including the Website or Services), or to others. If we are required by law enforcement or judicial authorities to provide your personally identifiable information, we will only do so upon receipt of appropriate documentation. We may also disclose your information to investigate violation of and enforce our Terms of Service. Please know that we do not take this responsibility lightly. Your privacy is of paramount importance to us.
StarWind may also use your Personal Information for a variety of business purposes, as described in detail, below. StarWind may process your Personal Information for such purposes in reliance on its legitimate business interests in order to enter into or perform a contract with your consent. The following indicates the specific processing grounds on which StarWind relies, if and when it processes any Personal Information.
As a non-exclusive list of examples, StarWind may use your Personal Information:
I. to facilitate the creation of an account and log-on process with your consent;
II. to keep in touch with you for administrative, business, or contractual purposes with your consent;
III. for advertising and marketing purposes, if this is in accordance with your preferences. You can always opt-out of StarWind’s marketing e-mails at any time by contacting StarWind as outlined in Section L below;
IV. to send you Services and new feature information depending on your account preferences;
V. to notify you about changes and updates to StarWind’s terms, conditions, or policies;
VI. in order to fulfill and manage your orders for contractual reasons. StarWind may use your information to fulfill and manage your orders, payments, returns, or exchanges made through the Website or otherwise;
VII. to request feedback or comments from you concerning StarWind Services;
VII. to respond to legal requests and prevent harm. For example, if StarWind receives a subpoena or other legal request, StarWind may need to inspect the Personal Information it holds in order to determine if and how to respond;
VIII. to view your online actions across the Website and Services for data analysis, specifically, identifying usage trends, determining the effectiveness of promotional campaigns, and to evaluate and improve the Website, products, Services, and your overall experience.
StarWind only shares Personal Information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations. As a non-exclusive list of examples, StarWind only shares and discloses your Personal Information in the following situations:
· Compliance with Laws. StarWind may disclose your Personal Information where it is legally required to do so in order to comply with applicable law, governmental requests, or a judicial proceeding, court order, or legal process such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements);
· Vital Interests and Legal Rights. StarWind may disclose your Personal Information where it believes it is necessary to investigate, prevent, or take action regarding potential violations of StarWind policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or in the event of litigation;
· Vendors, Consultants and Other Third-Party Service Providers. StarWind may share your Personal Information with third party vendors, service providers, contractors or agents (“Third-Party Processors”) who perform services on its behalf and require access to such information. For example, StarWind may use third parties for technical and customer support, payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. These Third-Party Processors may be located within the EU, the U.S., or another country. For transfers of personal data received pursuant to the EU-U.S. DPF, StarWind remains liable under the DPF Principles if its third-party agent processes personal information in a manner inconsistent with the Principles, unless StarWind proves that it is not responsible for the event giving rise to the damage. StarWind requires all third-party processors to provide at least the same level of privacy protection as required by the DPF Principles through written contracts that include specific safeguards and ongoing oversight;
· Tracking Technology. StarWind also may allow select third parties to use tracking technology on the Website, which will enable the collection of data about how you interact with the Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content or pages, and better understand online activity in order for StarWind to better its Website and Services. StarWind does not share, sell, rent or trade any of your Personal Information with third parties for their promotional purposes;
· Business Transfers. StarWind may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of its business to another company;
· Business Partners. StarWind may share your Personal Information with its business partners to offer you certain products, Services or promotions, and/or to facilitate provision of StarWind products and Services to you, as well as with other StarWind entities;
· With your Consent. StarWind may disclose your Personal Information for any other purpose in accordance with your consent.
Do Not Sell My Personal Information
California residents have the right under the California Consumer Privacy Act (CCPA) to opt out of the sale of their personal information. To exercise this right, please visit our “Do Not Sell My Personal Information” page at https://www.starwindsoftware.com/data-subject-request.
If you are located outside California or are using a VPN that makes it appear you are accessing our site from California, you are also welcome to submit a request through the same page. We will review and process your request based on the information provided and applicable legal requirements.
For more information about your rights under applicable data privacy laws, please review the relevant sections of this Privacy Policy or contact us at Bohdan.zvarun@starwind.com.
StarWind may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Cookies are short pieces of data generated by a web server or mobile application that a service stores on a user's device. The Website may require the use of a cookie for purposes of keeping information you enter on multiple pages together. Cookies also enable StarWind to customize the Website and offerings to your needs and provide you with a better online experience. Beacons are used in combination with cookies to help the Website and mobile application operators understand how visitors interact with their online services.
Cookies and similar technologies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and/or to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of the Website.
StarWind may transfer, store, and process your information in countries other than your own.
Please be aware that your Personal Information may be transferred to, stored, or processed by StarWind in its facilities, with StarWind entities, or by those third parties with whom StarWind has formed trusted contracts within the U.S., the United Kingdom, the EU, Ukraine, or other countries, as the case may be, for business operations (e.g., marketing, analytics, payment processing). A list of representative affiliates is available upon request.
If you are a resident in the EU, then some of the above countries may not have data protection or other laws as comprehensive as those in your country. StarWind complies with the EU-U.S. Data Privacy Framework (DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union, United Kingdom, and Switzerland to the United States. StarWind has certified to the Department of Commerce that it adheres to the DPF Principles. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, UK Extension to the EU-U.S. DPF, or Swiss-U.S. DPF Principles, the applicable Principles shall govern. To learn more about the DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/. If a transfer to a non-DPF country is necessary, StarWind will conduct a thorough data transfer assessment and implement safeguards, such as signing a Data Processing Agreement (DPA), as required. StarWind remains committed to taking all necessary measures to protect your Personal Information in accordance with this Privacy Policy and applicable laws.
StarWind keeps your Personal Information for as long as necessary to fulfill the purposes outlined in the Privacy Policy, unless otherwise required by law. StarWind undertakes not to store your information for longer than is required, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).
When StarWind no longer has a legitimate business need to process your Personal Information, it will either delete or anonymize such information. However, if this is not possible (for example, because your Personal Information has been stored in backup archives), then StarWind will securely store your Personal Information and isolate it from any further processing until deletion is possible.
StarWind aims to protect your Personal Information through a system of organizational and technical security measures.
StarWind has implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information it processes. However, please also remember that StarWind cannot guarantee that the internet itself is 100% secure. Although StarWind will do its best to protect your Personal Information, transmission of Personal Information to and from the Website is at your own risk. You should only access the Website and Services within a secure environment.
StarWind does not knowingly collect Personal Information from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or legal guardian of such a minor and consent to such minor dependent’s use of the Website. If StarWind learns that Personal Information from users less than 18 years of age has been collected, it will deactivate the account and take reasonable measures to promptly delete such data from StarWind’s records. If you become aware of any data StarWind may have collected from children under age 18, please contact the DPO at Bohdan.zvarun@starwind.com, or as outlined in Section L below.
You can unsubscribe from StarWind’s marketing email list at any time by clicking on the unsubscribe link in the emails received or by contacting StarWind’s Data Protection Officer by e-mail at Bohdan.zvarun@starwind.com. Upon notifying StarWind, You will then be removed from the marketing email list; however, StarWind will still need to send you service-related emails that are necessary for the administration and use of your account.
We reserve the right to send a one-time registration confirmation email, and infrequent service alert messages to users to inform you of specific changes that may impact your ability to use a service that you have previously signed up for, regardless of email contact opt-in status. We also reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty, or purchase agreements.
StarWind is retaining these rights because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters that will be important to you. These rights do not allow us to contact you to market a new or existing Service if you have asked us not to do so, and issuance of these types of communications is rare.
You can unsubscribe from StarWind’s marketing email list at any time by clicking on the unsubscribe link in the emails received or by contacting StarWind’s Data Protection Officer by e-mail at Bohdan.zvarun@starwind.com. Upon notifying StarWind, You will then be removed from the marketing email list; however, StarWind will still need to send you service-related emails that are necessary for the administration and use of your account.
We reserve the right to send a one-time registration confirmation email, and infrequent service alert messages to users to inform you of specific changes that may impact your ability to use a service that you have previously signed up for, regardless of email contact opt-in status. We also reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty, or purchase agreements.
StarWind is retaining these rights because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters that will be important to you. These rights do not allow us to contact you to market a new or existing Service if you have asked us not to do so, and issuance of these types of communications is rare.
European Union (EU) residents may withdraw their consent for the processing of personal data at any time. Similarly, California residents under the California Consumer Privacy Act (CCPA) have the right to opt-out of data sales. To exercise these rights, you may:
- Email StarWind at Bohdan.zvarun@starwind.com.
- Use the “unsubscribe” option in marketing emails to opt-out of communications.
- Submit a request via our Data Subject Request page at https://www.starwindsoftware.com/data-subject-request.
In accordance with Article 77 of the GDPR, if you are a resident of the European Union and believe that the processing of your personal data infringes applicable data protection laws, you have the right to lodge a complaint with a supervisory authority in the Member State of your habitual residence, place of work, or the place of the alleged infringement. A list of EU supervisory authorities is available at: https://edpb.europa.eu/about-edpb/about-edpb/members_en.
UK and Swiss Resident Right
If you are a resident of the United Kingdom or Switzerland, you have the right to:
· Access, correct, or delete your personal data.
· Object to the processing of your data.
· Withdraw consent for data collection and processing at any time.
· Lodge a complaint with the UK Information Commissioner’s Office (ICO) or the Swiss Federal Data Protection and Information Commissioner (FDPIC).
To exercise these rights, please contact us at Bohdan.zvarun@starwind.com or submit a request through our Data Subject Request at https://www.starwindsoftware.com/data-subject-request.
In compliance with the EU-U.S. DPF,the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, StarWind commits to resolve DPF Principles-related complaints about our collection and use of your personal data. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact StarWind at Bohdan.zvarun@starwind.com.
StarWind will use reasonable efforts to respond within 45 days.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF StarWind commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to the International Centre for Dispute Resolution, the international division of the American Arbitration Association (ICDR-AAA), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction within the 45-day period, please visit https://go.adr.org/dpf_irm.html for more information or to file a complaint. The services of the ICDR-AAA DPF IRM are provided at no cost to you.
Please note, an individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms. Please, refer to Annex I of the DPF for additional information: ANNEX-I-introduction.
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