StarWind complies with the EU-US Privacy Shield (the “Framework”) Principles regarding all Personal Information received in the United States (“U.S.”) from the European Union (“EU”) in reliance on the Privacy Shield, and is an active participant in the Framework. As such, StarWind is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). StarWind’s commitment to the Framework’s Principles is outlined in Sections M & N, below. To learn more about Privacy Shield and the Principles You can visit the Privacy Shield Website.
B. PERSONAL INFORMATION YOU DISCLOSE TO STARWIND
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.
C. INFORMATION AUTOMATICALLY COLLECTED
Some information is collected automatically when you visit, use, or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Website and other technical information. This information is primarily needed to maintain the security and operation of the Website and for StarWind’s internal analytics and reporting purposes.
Like many businesses, StarWind also may collect or use Personal Information associated with cookies and similar technologies for advertising or other similar purposes. However, any such uses of Personal Information and cookies will receive the utmost care and attention from StarWind. Any vendors or third parties used for advertising will be reputable and abide by at least similar standards of data protection to that of StarWind.
D. INFORMATION COLLECTED FROM OTHER SOURCES
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).
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.
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:
All processing of your Personal Information is based on legitimate purposes including business interests, fulfillment of contractual obligations, and/or your consent. To opt-out from use of your Personal Information for advertising purposes, contact StarWind’s DPO as outlined in Section M, below.
E. HOW STARWIND USES YOUR INFORMATION
StarWind may 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:
- To facilitate the creation of an account and log-on process with your consent;
- To keep in touch with you for administrative, business, or contractual purposes with your Consent;
- 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 M, below;
- To send you Services and new feature information depending on your account preferences;
- To notify you about changes and updates to StarWind’s terms, conditions, or policies;
- 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;
- To request feedback or comments from you concerning StarWind Services;
- 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; and
- 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.
F. HOW STARWIND SHARES YOUR INFORMATION
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 in StarWind’s sole discretion, however, any third party with which StarWind shares your Personal Information will be held to similar data protection standards to that of the EU-US Privacy Shield Framework and the GDPR.
- 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; and
- With your Consent. StarWind may disclose your Personal Information for any other purpose in accordance with your consent.
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.
Opting out of e-mail marketing. 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 as outlined in Section M, below. 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.
H. TRANSFER OF INFORMATION
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 with in the U.S., the United Kingdom, the EU, Ukraine, the Russian Federation, or other countries, as the case may be. The following are StarWind’s current business affiliates and their respective privacy policies:
I. HOW LONG DOES STARWIND STORE YOUR INFORMATION
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.
J. HOW STARWIND PROTECTS YOUR INFORMATION
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 eugene.zvonik@StarWind.com, or as outlined in Section M, below.
L. RIGHTS OF EU USERS UNDER THE GDPR
StarWind complies with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 EU within the meaning of the GDPR (“Qualified Individual”), you have rights that allow you greater access to and control over your Personal Information. Such rights include:
- Right of Confirmation. You may obtain confirmation of whether or not your Personal Information is being processed.
- Right of Access. You may obtain information about your stored Personal Information at any time and a copy of this information.
- Right to Rectification. You may request the rectification of any inaccurate Personal Information. Taking into account the purposes of the processing, you have the right to have inaccurate or incomplete Personal Information completed or deleted, by means of first appropriately identifying yourself and then providing a supplementary statement.
- Right to Erasure (Right to be Forgotten). You may request the erasure of your Personal Information by contacting StarWind’s DPO, as listed in Section M below. Furthermore, if and as applicable, you may delete your account information by accessing your account settings page on the Website or by contacting StarWind directly. Please note that while any changes you make will be reflected in active user databases within a reasonable time, StarWind may retain all information you submit for the prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where StarWind otherwise reasonably believes that it has a legitimate reason to do so, such as for archiving purposes within the public interest.
- Right to Restriction of Processing. As a Qualified Individual, you may have the right to restrict processing where one of the following applies: (a) the accuracy of the Personal Information is contested by the data subject, for a period enabling the controller to verify the accuracy of the information; (b) the processing is unlawful and the data subject opposes the erasure of the Personal Information and requests instead the restriction of the controller’s use of such information; (c) the controller no longer needs the Personal Information for the purposes of processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims; or (d) the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.
- Right to Data Portability. You may request to receive your Personal Information in a structured, commonly used and machine-readable format. You have the right to transmit this information to another controller without interference. Furthermore, you may have the Personal Information transmitted directly from one controller to another, where technically feasible and where such transmission does not adversely affect the rights and freedoms of others.
- Right to Object and Automated Decision Making. You may object to decisions based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you, as long as the decision is not (a) necessary for entering into, or the performance of, a contract between you and StarWind; (b) authorized by EU or Member State law to which You are subject; or (c) based on the data subject’s explicit consent.
- Right to Object to Processing. You may object to the processing of your Personal Information unless there are legitimate grounds for the processing within the public interest, or for the establishment, exercise, or defense of legal claims. If StarWind processes Personal Information for direct marketing purposes, you shall have the right to object at any time to the processing of your Personal Information for such purposes. This right also applies to profiling to the extent that the processing is related to such direct marketing purposes. If you object to StarWind processing your Personal Information for direct marketing purposes, then StarWind will no longer process the Personal Information for such purposes.
To exercise any of the preceding rights as a Qualified Individual, please contact StarWind’s DPO as outlined in Section M, below.
Data Controller. If and when StarWind receives your Personal Information directly from you via its Website or Services, it performs the functions of a ‘data controller’, as defined by the GDPR, and has the ability to determine how Personal Information is collected, for what purposes, and how this data is to be processed. As the data controller, StarWind has implemented many technical and operational measures to ensure the most complete protection of Personal Information processed through its Website and Services.
Legal Basis for Processing. Article 6(1)(a) of the GDPR serves as the legal basis for processing operations for which StarWind obtains consent for a particular purpose. If the processing of Personal Information is necessary for the performance of a contract to which You are a party, as is the case, for example, when processing operations are necessary to provide a service, the processing is based on Art. 6(1)(b). The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning StarWind Services. If StarWind is subject to a legal obligation by which processing of Personal Information is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c). If the processing of Personal Information may be necessary to protect your vital interests or that of another Qualified Individual, then the processing is based on Art. 6(1)(d). Finally, processing operations could be based on Art. 6(1)(f) if processing is necessary for the purposes of the legitimate interests pursued by StarWind or by a third party, except where such interests are overridden by your fundamental rights and freedoms under the GDPR.
If StarWind relies on your consent to process your Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. To withdraw your consent, please contact StarWind’s DPO as listed below.
M. CALIFORNIA RIGHTSIn addition to the above-mentioned, the following provisions apply specifically to residents of California, USA. The California Privacy Laws provide users who reside in California with specific rights regarding their personal information. This section describes the customers’ rights and explains how to exercise those rights, subject to exceptions under the law.
Your rights under California Privacy Law
- Right to Know About Personal Information Collected, Sold or Shared (“Right to Know”). You have the right to request to know what personal information we have collected about you, including:
- The categories of personal information collected
- The categories of sources from which the personal information is collected
- The business or commercial purpose for collecting or selling personal information
- The categories of third parties with whom the personal information is shared
- The specific pieces of personal information collected about you that is permitted by law
- Right to Request Deletion of Personal Information (“Right to Delete”). You have the right to request that we delete any of your personal information that we collect, subject to certain exceptions. Once we receive your request and verify your identity, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
- Right to Correct Inaccurate Personal Information (“Right to Correct”). You have the right to request the correction of inaccurate personal information that we maintain about you or update the information we have on file.
- Right to Opt-Out of Sale or Sharing of Your Personal Information. You have the right to opt out of selling or sharing personal information. StarWind does not sell personal information, including personal information of minors under the age of 16. You can make use of your right to opt out of the sale or sharing of personal information by contacting us at email@example.com.
- Right to Non-Discrimination For The Exercise Of Your Privacy Rights. You have the right to be protected from discrimination for exercising your rights. We will not unlawfully discriminate against you for exercising your rights under the CCPA.
- Right to Limit the Use of Sensitive Personal Information. Such right is not applicable as we do not collect or process ‘Sensitive Personal Information’ (as defined by applicable California law) for the purpose of inferring characteristics about consumers. StarWind does not use sensitive personal information in any manner that requires offering a right to limit its use.
Sources of Personal Information.
We collect various types of personal information from our customers, individuals who access or use our Services, from a range of sources described in the “PERSONAL INFORMATION YOU DISCLOSE TO STARWIND”(B), “INFORMATION AUTOMATICALLY COLLECTED”(C), and “INFORMATION COLLECTED FROM OTHER SOURCES”(D) section above.
Purposes for Which Personal Information is Collected and Used.
Selling or Sharing of Personal Information.
StarWind does not sell personal information, including personal information of minors under the age of 16. You can make use of your right to opt out of the sale or sharing of personal information by following the recommendations in the next section.
Exercising Your Rights.
You may exercise your rights by contacting us at firstname.lastname@example.org. Depending on the sensitivity of your request, you may be required to provide additional information to verify your identity and request before further action is taken. If your request is for access to your personal data, we will confirm your email and one or more additional pieces of information provided in your request to verify against information already in our possession, such as name and state or country of residence. If we are unable to confirm that the data provided in your request matches our records, we will ask for additional information to verify your identity. Your authorized agent may make a request on your behalf. We will consider any evidence the agent submits to demonstrate that you gave the agent signed permission to submit the request. We may email you to confirm that the agent is indeed acting on your behalf. We will respond to you within 30 (thirty) days of receipt.
N. PRIVACY-RELATED INQUIRY OR COMPLAINT
If you have an inquiry or complaint concerning StarWind’s use of your Personal Information, please reach out to StarWind’s Data Protection Officer, as follows:
StarWind Software Inc.
Data Protection Officer: Mr. Eugene Zvonik
ATTN: Privacy Inquiry/Complaint
Mailing Address: 35 Village Rd. Suite 100 Middleton, MA 01949 USA
StarWind is committed to cooperate with the panel established by the EU Data Protection Authorities (“DPA”) with regard to unresolved Privacy Shield Complaints concerning data transferred from the EU. If you are a Qualified Individual, you may lodge a free complaint with the DPA in the country where you reside if you are unsatisfied with how your complaint is handled by StarWind. If you are a Qualified Individual, you can find your DPA by visiting the European Commission Website on Data Protection Authorities, selecting the country in which you reside, and following the links provided to make a complaint.
O. EU-US PRIVACY SHIELD POLICY
Under certain limited conditions, you may be able to invoke binding arbitration as provided under the Framework to address an otherwise unresolved complaint.
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