Arcserve Privacy Notice

 This document refers to personal data (here referred to as “data”) which is defined as information concerning a living person here referred to as “you” or “your” or otherwise a “data subject”. To the extent that visitors to our website are EU residents and to the extent that Arcserve provides goods and/or services to EU residents and/or collects data from such individuals, Arcserve is subject to the provisions of the EU General Data Protection Regulation 2016/679 (here referred to as “GDPR”) which is EU wide and which seeks to protect and enhance the rights of data subjects. 

Arcserve – Who We Are 

Arcserve (USA), LLC (“Arcserve”) is a leading provider of data protection, replication and recovery solutions that provides organizations with the assurance that they can recover their data and applications when needed. Founded in 1990, Arcserve provides a comprehensive solution for virtual and physical environments, on premise or in the cloud. Arcserve UDP (Unified Data Protection) is based on a next generation unified architecture for both virtual and physical environments. Arcserve has an active customer base in more than 50 countries. The company partners with distributors, resellers and service providers around the world. Arcserve is headquartered in Minneapolis, Minnesota with offices around the world. 

Arcserve is committed to respecting and protecting your privacy and wants you to feel secure when visiting our site and providing information to us. In order to provide you with relevant information, respond to your requests, and increase the benefits you receive from our website, we sometimes request that you provide us with information about yourself. 

We have prepared this Privacy Policy to inform you of the information we gather and how it is used. This Policy applies to all Arcserve websites that display or link to this Privacy Policy and to all internal and external agreements that make reference to or link to this Privacy Policy. You should also note that Arcserve maintains the same privacy practices with respect to data that is collected off-line and this Privacy Policy may be relied upon with respect to those methods of data collection and use. 

Arcserve complies with the standard contractual clauses annexed to the EU Commission Decision 2010/87/EU of 5 February 2010 for the transfer of personal data to processors established in third countries under the Directive 95/46/EC, or any successor standard contractual clauses that may be adopted pursuant to an EU Commission decision regarding the collection, use, and retention of personal information originating in the European Union and Switzerland and transferred to the United States, respectively. 

If you are a California resident, please visit https://www.arcserve.com/california-privacy-notice/ to view Arcserve’s California Consumer Privacy Act Policy Notice.

What information do we gather? 

Contractual Information 

We collect information including names, email addresses, mailing and billing addresses and telephone and fax numbers from customers, potential customers and end users of our products and services for sales, marketing, order fulfilment and order delivery purposes. Arcserve LLC will not deviate from this Privacy Policy even if applicable national laws are less stringent than this Privacy Policy. 

Online Information 

In general, you may visit our website without identifying yourself or revealing any personal information. Arcserve collects domain information from your visit to customize and improve your experience on our website. The website may collect certain information from your visit, including the date and time of your access, the pages you have accessed, the name of the Internet Service Provider and the Internet Protocol (IP) address by which you are accessing the Internet, and the Internet address from which you linked to our site, if applicable. We use this information to better understand how our website is being used so that we can improve its quality and make it more beneficial to our users. 

Some portions of our website may request that you give us information about yourself, from which we are able to identify you, such as your name, email or other address. Some of the ways in which we may collect information from you are: 

  • Event registrations for webcasts, seminars, conferences, etc. 
  • Product support registration 
  • Education registration 
  • Subscription to newsletters or other Arcserve content-related notifications 
  • Product purchases or trials 
  • White paper or other downloads 
  • Sweepstakes or contests 

When you provide us with personal data about your contacts, we will only use this information for the specific reason for which it is provided, such as to add new records to your Arcserve account.

Legal basis for and legitimate interest in processing any personal data 

We collect, process and use personal data only as a part of our business relationship with our customers, including contract and billing administration; product and service delivery; fulfilling our business obligations to our customers and resellers; communicating with customers and potential customers about marketing and technical information concerning our products and services; notifying our customers and potential customers regarding product launches and important events related to Arcserve; and other related business activities of which you are informed at the time personal data is collected or as soon thereafter as practicable. We only collect data about individuals when such individuals specifically provide such information to us on a voluntary basis or while requesting information on our products or services. Additionally, we will only collect and retain data which is relevant to the purposes for which the information is collected, and we will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorized by you. We will take reasonable steps to ensure that data is reliable for its intended use, accurate, complete and current. We may occasionally contact you to determine that your data is still accurate and current. 

We may disclose data to our agents, resellers and business partners or to protect and defend the rights or property of Arcserve. We must reply to lawful requests from public authorities, including to meet national security or law enforcement requirements, for disclosure of data. 

We do not sell, lease, or rent personal data to third parties. 

Consent 

Through agreeing to this Privacy Policy you are consenting to Arcserve processing your personal data for the purposes outlined. 

However, we will always give you an opportunity to choose to opt-out before your personal data is (1) disclosed to a third party (other than a Arcserve agent doing work at our direction), or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorized by you. Although we do not ever anticipate providing sensitive personal data to a non-agent third party or using it for a purpose other than that for which it was collected, we will never do so without first allowing the individual involved to affirmatively and expressly consent (opt-in) to such transfer or use. The only exception to this choice for both sensitive and non-sensitive personal data would be where we are required to disclose your personal data pursuant to government or judicial order, law or regulation to meet national security or law enforcement requirements. 

At a minimum, you will always be able to opt-out from receiving marketing materials from Arcserve. If we determine that applicable national law requires that more stringent requirements (opt-in) be applied before you receive marketing material or other communications from us, we will implement the same. 

You can withdraw consent or opt-out at any time by emailing GDPR@arcserve.com

How do we use the information we gather? 

When we collect information about you, it is our intention to tell you why we are asking for the information and what we intend to do with it. You will have the option of not providing the information, in which case you may still be able to access other portions of this website, although you may not be able to access certain programs or services. In certain areas of our website, we may, where appropriate, enable you to “opt out” of certain uses of your information, or elect not to receive future communications or services. 

The information we collect about you or your computer will be used to operate our website and to provide customer support, respond to your requests or process any transactions you have authorized. It may also be used to verify your identity, send you information or contact you in relation to an Arcserve product or service that you are using or that we believe may be of interest to you. 

The Company uses data about Arcserve customers and potential customers, partners, suppliers to perform the services requested. For example, if you fill out a “Contact Me” web form, the Company will use the information provided to contact you about your interest in the Products, Services or Events. 

The Company also uses data about Arcserve attendees to plan and host corporate events, host online forums and social networks in which event attendees may participate, and to populate online profiles for attendees on the Company’s web sites. Additional information on the Company’s privacy practices with respect to data about Arcserve attendees may be found in additional privacy statements on the event Web sites, as the case may be. 

The Company may also use data about Arcserve customers and attendees for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the product and services and to send you information regarding the Company, its affiliates, and its partners, such as information about promotions or events. 

Arcserve may also receive information about customers and attendees from other sources, including third parties from whom we have purchased data, and combine this information with data we already have about you. This helps us to update, expand and analyze our records, identify new customers, and create more tailored advertising to provide products and services that may be of interest to you.

Will we share this information with third parties? 

In certain instances, we may make your information available to third parties with whom we have a relationship where that third party is providing services on our behalf. We will only provide those third parties with information that is necessary for them to perform the services and we take measures to protect your information. These third parties are authorized to use your personal information only as necessary to provide the requested services to us. Without limiting the foregoing, Arcserve may also share data about Arcserve visitors, customers and attendees with the Company’s service providers to ensure the quality of information provided, and with third–party social networking and media web sites for marketing and advertising on those web sites. Unless described in this Privacy Policy, Arcserve does not share, sell, rent, or trade any information with third parties for their own promotional purposes. 

We may also disclose the information to our business partners, for marketing and other purposes which we believe may be beneficial to you. These business partners are authorized by Arcserve to use your personal information only as necessary to provide the requested services to us. If you choose your information to be shared with Arcserve business partners in the manners described above, your information will be subject to the business partners’ respective privacy statements. 

Customer Data 

Arcserve’s customers may electronically submit data or information to the Arcserve data centers for hosting and processing purposes, to protect Customers vital business data with a single solution for cloud backup, disaster recovery, and long-term retention (“Customer Data”). Arcserve will not review, share, distribute, or reference any such Customer Data except as may be required by law. Arcserve may access Customer Data only for the purpose of providing the Services or preventing or addressing service or technical problems or as may be required by law. 

Arcserve acknowledges that you have the right to access your personal information. If personal information pertaining to you as an individual has been submitted to us by an Arcserve customer and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with our customer directly. Because Arcserve personnel have limited ability to access data our customers submit to our data centers and services, if you wish to make your request directly to Arcserve, please provide the name of the Arcserve customer who submitted your data to our data center services. We will refer your request to that customer and will support them as needed in responding to your request within a reasonable timeframe. 

Arcserve is a global company with customers and partners worldwide. Accordingly, the information we collect may be used, stored and processed in the United States or in any other country in which Arcserve does business. By providing the information via the website, you are consenting to the transfer of the information outside of your country to any country (including countries which may not have adequate levels of protection). However, if you are a client or customer within the EU, please note that your personal data will not be transferred to a country or territory outside the EU unless either that country ensures an adequate level of protection is in place or that the appropriate safeguards are in place to protect your personal data and to meet the ‘adequacy’ requirement under the GDPR and EU data protection laws. 

Arcserve may disclose information it has collected about you on the website if required to do so by law or when necessary in order to protect the rights of Arcserve or its employees.

What about data security? 

Arcserve’s intent is to strictly protect the security of your personal information; honor your choice for its intended use; and carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. We have taken appropriate steps to safeguard and secure Arcserve information we collect online, including the use of encryption when collecting or transferring sensitive data. However, you should always take into consideration that the internet is an open forum and that data may flow across networks with little or no security measures.

Can you update and/or amend the personal information you have provided? 

You are entitled to know whether we hold information about you and, if we do (subject to certain limitations), to have access to that information and have it corrected if it is inaccurate or out of date. 

If you are an EU resident and we are in possession of or processing your data or in relation to offering you goods and/or a service or services you have the following rights under the GDPR: 

  • Right of access – you have the right to request a copy of the information that we hold about you. 
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete. 
  • Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records. 
  • Right to restriction of processing – where certain conditions apply you have a right to restrict the processing. 
  • Right of portability – you have the right to have the data we hold about you transferred to another organization. 
  • Right to object – you have the right to object to certain types of processing, such as direct marketing. 
  • Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling. 

In the event that Arcserve refuses your request under rights of access, we will provide you with a reason as to why, which you will have the right to legally challenge. 

Arcserve at your request can confirm what information it holds about you and how it is processed. 

To access what personal data is held about you, identification will be required 

Arcserve will accept the following forms of ID when information on your personal data is requested:

A copy of your driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If Arcserve is dissatisfied with the quality of the ID presented, further information may be sought before any personal data is released. 

All requests should be made to GDPR@arcserve.com. Your request will be processed within 48 hours.

Business Relationships 

Our website contains links to other websites. Arcserve is not responsible for the privacy practices or the content of such other websites. 

Arcserve uses pixels, transparent GIF files and other methods to help manage online advertising. 

Cookies and Web Beacons 

A “cookie” is a small amount of data transferred to your computer’s hard drive through your browser (if you allow) and read by the Web server that placed it there to recognize your browser and capture and remember certain information. It works as a sort of identification card, recording your preferences and previously entered information. 

On our website, Arcserve.com, Arcserve uses third party advertising companies to serve ads on our behalf across the Internet. These third party companies employ cookie and web beacon (also referred to as 1×1 pixel.gifs or action tags) technology to measure and improve the effectiveness of ads for their clients. Cookies are also used to help us track usage patterns in order to improve or manage our site, to ensure the integrity of the registration process, and to help provide personalized service and deliver content specific to your interests. By using cookies, the information you previously provided can be retrieved on your next visit to the website so that your navigation time is reduced and your use of the website is simplified. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie. Web beacons may be used to deliver the cookie and to compile statistics about our website, such as how many people visited a particular page or clicked on certain links. While your particular use of the site will not be revealed and no personally identifying information will be collected, this anonymous information may be used for online preference marketing purposes, and Arcserve’s third party advertising companies may use the information about your visit to the website(s) in order to provide ads about goods and services of interest to you. This information can include: date/time of banner ad shown, related cookie, and the first three octets of the IP address. Arcserve may share aggregated statistics about the use of the website with third parties. 

Within our web-based software products, Arcserve uses cookies to manage your session and such cookies are necessary for the proper performance of our software product(s). 

If you are concerned about the storage and use of cookies, you may be able to direct your Internet browser to notify you and seek approval whenever a cookie is being sent to your hard drive. You may also delete a cookie manually from your hard drive through your Internet browser or other programs. Please understand that not approving the use of cookies for Arcserve software products may impact the use of that software product. 

To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Network Advertising Initiative at www.networkadvertising.org/choices. You can set your browser to decline cookies if you prefer. If you do so, you may not be able to get the benefit of some of the features of this website or other websites that you visit.

Public Forums 

Portions of this website make chat rooms, forums, blogs, message boards, and/or news groups available to visitors. Please remember that any information that is disclosed in these areas becomes public information and exercise caution when deciding to disclose any personal information. 

Arcserve® Product Improvement Program 

Customers can participate in Arcserve’s Product Improvement Program [“APIP”] to help Arcserve improve its products and services. This program will collect usage data from customer environments, which will be used by Arcserve to improve its products & services. For those customers who ‘opt-in’, Arcserve will collect data that typically resides in the product’s database. Data extracted from the customer environment (WW) is encrypted, zipped and sent over a HTTPS connection to an Amazon S3 instance in the United States of America. Information collected from the customer will NOT be shared externally and will be contained within Arcserve. The type of data being collected may vary between products or solutions, but the management system would remain the same (as described above). Arcserve does not collect personally identifiable information, and customers can always ‘opt-out’ at any time in the future. When customers ‘opt-out’, all data collected, thus far, will be removed. 

Contacting Us 

If you have any questions or comments about our Privacy Policy or practices, please contact us GDPR@arcserve.com. Arcserve may modify or update this Privacy Policy from time to time at any time without prior notice. You can check the “Last Updated” date below to see when the policy was last changed. We encourage you to check this policy often so that you can continue to be aware of how we are protecting your personal information. Your continued use of the website or the products and/or services offered by Arcserve constitutes your consent to the contents of this privacy policy, as it may be modified from time to time. 

Complaints 

In the event that you want to make a complaint about how your personal data is being processed by Arcserve, you may send a complaint to Arcserve at GDPR@arcserve.com. If you do not receive a response from Arcserve 30 days after Arcserve receives your complaint, and you are an EU resident, you may submit a complaint to the International Commissioner’s Office, being the UK data regulatory authority.

ICO Wycliffe House, Water Lane, Wilmslow, Cheshire, United Kingdom, SK9 5AF. Telephone 0303 123 1113 or email: https://ico.org.uk/global/contact-us/email/ 

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