Privacy & Legal Policy

PEWEO SÀRL Privacy Policy

Language is Important: This Website and its related Terms of Use and Privacy Policy are provided in the language(s) in which our website(s) are provided and our services are intended for use by those who are proficient in such language(s). By agreeing to our Policy and using our site(s) you are agreeing to its terms.

Privacy Policy

This Privacy Policy ("Policy") covers our collection, use, and sharing of "Personal Data" (defined below) and applies to all websites, products, services, as well as any mobile applications (collectively, "Services") provided by PEWEO SÀRL or any member of its corporate family. Terms such as "we" and "our" refer to PEWEO SÀRL and each of its affiliates.

This Policy explains what kind of Personal Data we collect from you as well as the purpose of our collecting and using the data, how long it is retained, with whom we share it, and your rights concerning the data.

This Policy applies if you are an individual actual or prospective customer, regardless of your nationality or residence. It does not apply to companies/organizations (although it may apply as to specific individuals within such companies/organizations). Nor does it cover how you or other users may use or share data that they collect using our Services.

Please read this Policy carefully. By accessing or using Services, you are agreeing to this Policy so if you do not agree to be bound by its terms you should not use our Services. By accepting the Policy you are also certifying that you are of the legal age of majority in the jurisdiction where you reside. If you have not yet reached the age of majority you may not use our Services.

This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

This policy applies to Personal Data that we collect:

  • On our website(s).
  • In e-mail, text and other electronic messages exchanged between us and/or through our website(s).
  • When you interact with advertising and applications of third-party websites and services appearing on our website(s). However, it does not cover any aspect of your interaction with a third party site (even if accessed via our website) or any data collection or use by such third parties.
What Is Personal Data?

Not all data is "Personal Data". For the purposes of this Policy the term "Personal Data" means information that, acting alone or together with other data elements that we have, is sufficient to identify you as a specific natural person. Examples of Personal Data elements may include: a name, an identification number, location data, an online identifier or to one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity as a particular natural person.

Information We Collect and How We Use It

This section describes the general categories of Personal Data we may process, the purposes, legal bases and legitimate interests for processing, and the duration of Personal Data.

We generally use information we collect about you (or that you provide), including Personal Data, to:

  • Present our website(s) and its contents to you.
  • Allow you to participate in interactive features on our website(s).
  • Provide you with information or Services that you request from us.
  • Provide you with notices about your account, including expiration and renewal notices.
  • Carry out our obligations and enforce our rights arising from contracts with you, including for billing and collection.
  • Notify you about changes to our website(s) or any Services we offer or provide through it.
  • Fulfill any other purpose for which you provide it.
  • In any other way we may describe when you provide the information to us.
  • For any other purpose consistent with your consent.

We may collect and process the following categories of information, some or all of which may include Personal Data:

Account Data

We may process data from registration or subscription (e.g., username, company, physical/shipping address, email, IP, billing and payment data, location, industry, preferences, age-verification). Used to operate and secure Services, fulfill contracts, prevent fraud/attacks, maintain backups, communicate, meet legal duties (age verification, accounts, AML), and support banking/payment relationships.

User Content Data

Includes content you post/upload (and metadata), ratings/reviews/comments, forum posts, or exchanges with other users. May be shared with third parties (e.g., affiliates, search engines). Basis: your consent when submitting; legitimate interests include providing the Services as requested, security/fraud prevention, enforcing rights, and administering Services. User content is public; deletion may not remove cached/third-party copies.

Customer Contact Data

Inquiry and communication data (name, addresses, email, IP, message content, metadata). Used to communicate, respond, market relevant Services, maintain records, and protect security/fraud.

Sales Data

Transaction information for purchases/shipping of Services (username, name, addresses, email, IP, tax info, and transaction details). Basis: contract performance, legal obligations (age verification, accounting, AML), fraud/security, banking relationships, and business operations.

Solicitation Data

Subscription data for notifications/newsletters (double opt-in with general opt-out). Basis: your consent; used to send requested notices, improve security/fraud prevention, and operate our business. Unsubscribe via links or account settings.

Affiliation Data

Data related to wholesalers/distributors/affiliates (resellers). May be required by third parties providing Services (e.g., domain registration) and subject to their privacy policies. We may also receive data from resellers to fulfill agreements, legal obligations (age verification, accounting, AML), fraud/security, banking relationships, and business operations.

Social Media Data

With your consent via social platforms, we may receive limited profile data (e.g., name, email) for sign-up or interactions. Control this via your social network privacy settings.

Usage Data – Cookies and Automatic Collection

We collect usage data (visits, traffic, logs, resources used, IP, location, browser/OS, referrals, time on site, navigation patterns) via cookies and similar tech to improve/personalize Services, analyze traffic, enhance efficiency, and protect against fraud/security threats.

Other Sources

Data from exhibitions, surveys, partners, public sources, or third parties with your consent; recorded calls for quality/training/protection.

Other Reasons for Data Collection & Processing

We may process Personal Data as needed to establish/defend legal claims, secure insurance and manage risk, ensure security and prevent/investigate attacks or fraud, comply with legal obligations, protect vital interests, and otherwise apply the legal basis most favorable to our processing when data fits multiple categories.

Disclosure of Personal Data to Third Parties

We may disclose your Personal Data to third parties insofar as reasonably necessary for the relevant purposes and on the relevant legal basis set out in this Policy. This includes the following:

  • To any member of our group of companies (including our subsidiaries, our ultimate holding company and all its subsidiaries);
  • To our resellers or third party suppliers insofar as reasonably necessary for the purposes described regarding "Account data", "Sales data" and "Affiliation data" in order to provide the Services you have requested;
  • To contractors, service providers and other third parties to the extent reasonably necessary for the maintenance, security, and proper operation of our website(s) and our provision of Services;
  • To our insurers and/or professional advisers to the extent reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, prevention or investigation of security breaches and fraud, obtaining professional advice, or the establishment, exercise or defense of legal or equitable claims, whether in court proceedings or in an administrative or out-of-court procedure;
  • To a potential buyer or other successor (and/or their advisors) in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our website(s) users is among the assets transferred;
  • To our payment services providers to the extent necessary for the purposes of processing or refunding payments or addressing complaints and queries relating to such payments or refunds;
  • To the extent reasonably necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of a third person;
  • To third party service providers to the extent reasonably necessary to fulfill, provide and ship Services you have purchased through our website(s);
  • Consistent with the purpose for which you agreed to provide it; and/or,
  • With your consent.
Sharing of Information

Generally, we may transfer your Personal Data between different jurisdictions. However, in doing so we will comply with the European Data Protection Directive 95/46/EC ("GDPR") and other applicable laws regulating the protection for the transfer of personal information between jurisdictions. This means that we may transfer your data to the United States, the EU, or other countries subject to conditions. If you are a European resident, we will endeavor to confirm that either the European Commission has determined that the receiving jurisdiction provides adequate protection of Personal Data or that other appropriate safeguards are in place, namely the use of relevant standard data protection clauses adopted or approved by the European Commission. Our contracts with such third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was shared.

Please note that if you access our services through a tool that hides your location, such as a VPN, or if you access our Services through a location other than where you reside, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.

Sharing Within the Corporate Family

We may share your Personal Data with other members of our corporate family so that they can contact you with services (or offers) that may be of interest to you and/or so that they can provide you with Services or assistance regarding Services provided by one or more members of our family. Any such use or processing will be pursuant to the terms of this Policy. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent.

Sharing with Partners

When we share personal information with certain third-party affiliates, including marketing and advertising partners, that information may include your name, email address and other information so that our partner may assist you in using our products and services, contact you with offers, services or products that may be of interest to you, and/or provide you with their products or services.

Sharing with Third Party Service Providers and Vendors

We rely on others to provide some of the support and services we provide to you. We form contracts with these vendors and service providers for this purpose (for example providing banking, payment processing/gateway, IT, and storage services including back-ups or to aid us in our security measures or marketing activities).

If you purchase a product or service from a third party through one of our websites, we will pass your personal information to such third party in order for them to fulfill your order.

From time to time our website(s) may portray advertisements or links to third party websites and sources. If you activate such link you will be interacting with such third party and we will retain a record of your having responded to the advertising or link. We may provide such third party with general non-Personal Data necessary to identify our website(s) as the source of any interaction you may have with such third party.

However, each such third party will act as a data controller/processer in relation to data that they obtain or receive and when you interact with such third party you will be subject to their Policy, which will govern any of your Personal Data that you provide to them. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

Corporate Reorganizations

If we are involved in a merger, acquisition, a sale of any part of our business, we may be required to disclose information to the counter-party.

Authorized Users

Anyone that you (or if you are a company/organization, your company) authorizes to have access to your account or any Services, may be able to view Personal Data stored in connection the account or any subaccount to which they may have access.

Security

The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take good faith measures to safeguard your personal information within our systems against loss, theft and unauthorized use, access or modification.

Google Analytics

Through our provider, Google Analytics, data is collected about use of our website(s). We will not provide Google Analytics with your name, phone number, email address or credit card information. We assign a random number to your usage so that Google Analytics can identify a unique user of our website(s) although Google Analytics does not associate that number with your personally identifiable information. We recognize that you may prefer to limit or eliminate the data that Google Analytics collects about your use of our website(s). Google Analytics does provide an "Opt-out" option. You can review instructions and relevant information about Google Analytics at: http://www.google.com/intl/en/analytics/privacyoverview.html.

Data Retention Policy

We will not retain your Personal Data for periods that are longer than necessary for the purpose for which it was obtained and/or held for processing.

Generally speaking, and depending upon its nature, we will retain your Personal Data for a minimum period of up to ten (10) years following the last day in which you interacted with us regarding the purpose for which the Personal Data was obtained and processed. For example, we will retain the following Personal Data up to the specified period: Account Data – 6 years; User Content Data 4 years, Customer Contact Data – 4 years; and Sales Data – 10 years. Personal Data not falling within any of the above categories will be retained for as long as it is necessary for the stated purpose or the period required by law, if longer.

In some cases it is not possible for us to specify in advance the periods for which your Personal Data will be retained. In such cases, we undertake to determine a period of retention based upon the relevant applicable statute of limitations as concerns any claim you may have as against each other based upon your interaction with our website(s) and/or the order or delivery of any goods or services and to attend to security issues and prevent or investigate attacks and/or fraud, maintain our record keeping, and properly administer our website(s) and business.

In any event, we may retain your Personal Data where retention is necessary for legal or regulatory compliance purposes or in order to protect the vital interests of either of us or of a third party.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent/received. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.

Promotional Offers from the Company

If you do not wish receive solicitations promoting our own Services or those of our partners or third parties, you can opt-out by following the unsubscribe link in any email, by logging into our website(s) and adjusting your user preferences, or by sending us an e-mail stating your request to: support@cloudbasedbackup.com and including as the subject: unsubscribe me.

Accessing and Correcting Your Information

You can review and change some of your Personal Data and some other Non-Personal Data via your account. However, your right to change or delete information is subject to exceptions generally referenced in this Policy.

If your physical or email address changes, please advise us in writing or update your user account information so our records remain up to date and there is no delay to your receipt of Services. We are not responsible for incomplete services due to your failure to accurately maintain such information.

To exercise any of your rights in relation to your Personal Data, or to request access to, correct or delete any personal information that you have provided to us, please contact us by e-mail at support@cloudbasedbackup.com and/or by letter to PEWEO SÀRL Customer Service 14, rue de Robert Stumper L-2557 Luxembourg. User names cannot be modified once created. Certain Personal Data may not be deleted unless you also delete your accounts with us – which means terminating our Services. There are exceptions to our obligation to delete or modify your Personal Data. In general, we may not accommodate a request to delete or change information if the change would violate any law or regulation or if retention is necessary to exercise the right of freedom of expression and information, comply with a legal obligation, attend to security issues and prevent or investigate attacks and/or fraud, maintain our record keeping, and properly administer our website(s) and business, to protect the vital interests of you, us, or any third party, or for the establishment, exercise or defense of legal claims.

We reserve the right to require proof of identity and residence, and (subject to applicable legal restriction) to obtain reasonable compensation as a condition to providing access to, modifying or deleting your data.

If you delete User Content Data from our website(s), copies of your User Content Data may remain viewable in cached and archived pages, or might have been copied or stored by other website users or third parties over which we have no control (e.g. Google).

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our website(s) that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please e-mail us at: support@cloudbasedbackup.com subject=California Privacy Rights Inquiry.

Special Rights For European Residents

If you reside in the European Union you may have additional rights as set forth under the European Union's General Data Protection Regulation 2016/679 ("GDPR"). The GDPR is a complex regulatory scheme and we have not provided an exhaustive summary in this Policy. We advise you to read the regulation and guidance provided by the relevant regulatory authorities for a full explanation of your rights.

Your principal rights under the GDPR are access, rectification, erasure, processing restriction or objection, portability, withdrawal of consent and the right to complaint to a regulatory authority. These rights are not absolute and exceptions apply. For example, we may not accommodate a request to delete or change information if we can demonstrate compelling legitimate grounds that override your interests or the change would violate any law or regulation or if retention is necessary to exercise the right of freedom of expression and information, comply with a legal obligation, attend to security issues and prevent or investigate attacks and/or fraud, maintain our record keeping, and properly administer our website(s) and business, to protect the vital interests of you, us, or any third party, or for the establishment, exercise or defense of legal claims.

If the legal basis for our processing your Personal Data is your consent, or the necessity to comply with your requests, or for the performance of a contract we have with you, and we are automatically processing your Personal Data, you have the right to receive from us a copy of such Personal Data in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time subject to applicable exceptions. Withdrawal will not affect the lawfulness of processing before the withdrawal.

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work, or the place of the alleged infringement.

We commit to resolve complaints about our collection or use of your Personal Data as required under the applicable Principles of the Privacy Shield. EU individuals with inquiries or complaints regarding our policies and their inter-relation with Privacy Shield principles should first contact our Data Protection Officer at support@cloudbasedbackup.com.

If you have a complaint concerning our use of relevant Personal Data, which remains unresolved by other means, you may have the right to binding arbitration. The pre-conditions for arbitration, and your rights in this regard are more fully described on the Privacy Shield website which as of the date of this Policy was located at: https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint.

Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any ordering/payment transactions will be encrypted using SSL technology using third party gateway/processors.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website(s), you are responsible for selecting one that is strong and keeping it confidential. We ask you not to share your password with anyone. We also urge you to be careful about disclosing any personal information in public areas of our website(s). The information you share in public areas may be viewed by any user of our website(s).

The transmission of information via the Internet (e.g. email) is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information while it is being transmitted to our website(s). Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our website(s).

Changes to Our Policy

We may modify this Policy at any time by publishing a new version on our website(s). It is our policy to post any changes we make to our Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on our website(s) home page and/or by email. The effective date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our website(s) and this Policy to check for any changes.

Contact Information

To ask questions or comment about this Policy and our privacy practices, contact us at:

Our website(s) is owned by PEWEO SÀRL Customer Service 5, Montée des Aulnes L-6611 Wasserbillig.

Our representative in the European Union for the purposes of our obligations under the European General Data Protection Regulation (GDPR) is Marc Schiwek, PEWEO SÀRL Customer Service 5, Montée des Aulnes L-6611 Wasserbillig, E-Mail: support@cloudbasedbackup.com

Miscellaneous

If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Policy, as amended from time to time, will continue in full force and effect. Links to other websites and webpages appearing in this Policy are as of the effective date of this Policy and are subject to change without notice. Accordingly, we provide no assurance that such links remain accurate or correct following the effective date of this Policy.

The provisions of our Terms of Use are incorporated within and form a part of this Policy. You may review a copy of our Terms of Use https://www.cloudbasedbackup.com/terms/

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