Effective May 23, 2018

FileWave AG, and FileWave (USA), Inc. (collectively referred to as “FileWave”) provide business, education, and government customers with industry-leading endpoint management software to effectively, and efficiently, secure and manage devices, applications, and content from one easy-to-use console. FileWave is a complete multi-platform endpoint management solution that covers both client (desktop) and mobile devices. The privacy considerations for customers who license the FileWave software to perform enterprise-wide endpoint management (“Customers”) and the privacy considerations for those on whose endpoint devices are being managed (“Individuals”) are discussed in this Policy. 

Protection of your privacy and personal data is an important matter to us. This statement is intended to inform our Customers, visitors to our website [filewave.com], and other interested individuals as to the nature, scope and purpose of any collection, use and processing of information and data recorded or received by us. This Privacy Policy applies to all of our software and services (the “Services”). It does not apply to information collected by FileWave offline, or to third party websites, applications, or services (including any other affiliates’ or organizations not named above).

To make sure that your personal information remains confidential, we communicate this privacy policy to every FileWave employee.

FileWave’s principal office and data controller is:

FileWave AG, St. Gallerstrasse 1, CH-9500 Wil, Switzerland. [Fax: +41 (0) 71-914-30-81]

FileWave’s primary office in the United States is:

FileWave (USA), Inc., 7320 E. 86th Street, Indianapolis, IN 46256, United States. [Fax: +1 (317) 755-0944].

You may contact FileWave with any inquiries or complaints through either of these two offices or by emailing our privacy department.

We need to process your personal information to operate our organization and provide you with certain Services. Before accessing, using, or interacting with the Services you should carefully review the terms and conditions of this Privacy Policy.

Should you provide information by which you can be identified when using FileWave’s software and/or services or when engaging with us or when using FileWave’s website, your personal information will only be used in accordance with this privacy statement.

By accepting our Privacy Policy, you are confirming that you have read and understand these policies, including the collection, use and disclosure of your personal information by FileWave. If you do not want us to collect or process your personal information in the ways described in this Privacy Policy, you should not use the Services.

Please note we are not responsible for the content or the privacy policies or practices of any third party organization or service.

The Services are not directed to children under the age of 18. You may not use the Services if you are under the age of 18. If you are under the age of 18, you should not provide any information on our Services.

Data Collection

FileWave collect information about you and your use of the Services through various means, including when you provide information to us and when we automatically collect information about you when you access, use, or interact with the Services. Such processing is performed to provide you with the Services. In some instances, you may be able to choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.

We rely on a number of legal bases to process the information we receive about you from your use of the Services, including where: (1) you have consented to the processing; (2) the processing is necessary to perform the contractual obligations in order to provide the Services to you, including those of our Terms of Use; or (3) necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, users, or partners.

Where we process your information on the basis of consent, we will clearly obtain your opt-in consent. Where given, you may withdraw your consent at any time by contacting us at privacy@filewave.com. Where we process your information on the basis of legitimate interests, we do so where the processing is necessary for your legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal data which overrides those legitimate interests.

Like most internet services, FileWave’s website gathers some information automatically for log files, such as ISP, IP address, browser type, regional information (language, time zone, and date and time information), referring and exit websites, and OS.  We gather this information on the basis of FileWave’s legitimate interest in providing efficient delivery of relevant information sought by website visitors. This information is used to manage the site and improve our services across global regions and demographics.

When you browse FileWave’s website, we don’t collect personal information— not even your email address. Your browser, however, does automatically tell us the type of computer and operating system you are using, and the FileWave website uses “cookie” technology.

When you create an Alliance account, or register for an evaluation Alliance account, for purposes including downloading software or software evaluations, requesting support, participating in online forums, or requesting other services, we collect only the information requested in the registration form you submit, and process it pursuant to fulfilling a contract.

Monitoring Information. The levels of communication and monitoring functionality between your mobile device or smartphone and the FileWave Console is selected by our Customer who is typically your employer or the company for whom you work as an independent contractor or consultant.

In some instances, our Customer asks us to host the FileWave Console and in other instances our Customer hosts the FileWave Console. When FileWave hosts the FileWave Console, we may store backup copies of the data collected. In this instance we are acting a processor for our Customer.

Emails sent and websites of FileWave may use pixel tags or trackable links. This is to help FileWave better gauge interest and confirm whether emails have been opened. Where we have not previously obtained consent, or this is not pursuant to fulfilling a contract, this data collection is on the legal basis of our legitimate interest in providing the most relevant information to customers and prospects who have indicated their interest in learning about FileWave. If you prefer not to be tracked, do not click links or images in emails.

Where we store your Personal Information

The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws relating to privacy and data protection. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the United States, it may be accessed by government authorities in accordance with U.S. law.

The data that FileWave collects and processes may be transferred to, and stored at, various secure locations within or outside of the European Economic Area (“EEA”) or the United States (“US”). Staff who work for us or for one of our suppliers may be engaged in, among other things, the fulfillment of your order, the processing of your payment details, and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. If you are located outside the United States and choose to allow us to collect information about you, please be aware that FileWave may transfer your personal data to the United States and process and store it there. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Uses made of the Information

We use information about you in the following ways:

Information you give to us

We process information you provide to us on the legal basis of your consent to certain types of processing, fulfillment of our contract with you, or FileWave’s legitimate interests.

We will use this information to:

• Fulfill our obligations arising from any contracts entered into between you and us, and to provide you with the information, products and services that you request from us.
• Ensure that content from our site is presented in the most effective manner for you and for your device.
• Notify you about changes to our service.
• Provide you with information about other goods and services we offer that are similar to those that you have already purchased or inquired about.
• If you request to use the Services by submitting your data through one of our online forms, including download eval request, contact sales request, attend a demo request, and others as described on the forms, we cannot provide your requested Services without moving your personal information to FileWave entities and our service providers in various jurisdictions. Therefore, certain processing of your personal information is done on the legal basis of processing necessary for the performance of the contract between you, as a user of the Services, and FileWave.

Information we collect about you

We use automatic data collection and analytics technologies to collect aggregate and user-specific information about your equipment, domain name, patterns of use, communication data and the resources that you access and use on the Services, including your IP address, browsing and navigation patterns. This information is used to improve our Services.

We process information we collect on the legal basis of your consent to certain types of processing, fulfillment of our contract with you, or FileWave’s legitimate interests.

We will use this information to:

• Administer our site and for internal operations; including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• Improve our site to ensure that content is presented in the most effective manner for you and for your device.
• Keep our site safe and secure.
• Help us improve the services we provide.
• Send promotional emails about our products, and services or other information which we think you may find interesting.
• Respond to any inquiry you have sent to us.

Information we receive from other sources

We may combine information we receive from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above.

We will not sell, distribute or lease your personal information to third parties without your consent or another valid legal basis permitted by law. If you have submitted information to us and wish to have it removed from our internal records, please contact us at privacy@filewave.com.

Disclosing Personal Information

We may share Personal Information with FileWave subsidiaries or Business Partners, to make our products and services more responsive to your needs, to provide you with information about FileWave and FileWave branded products and services, or for research and analysis. We may also disclose Personal Information in connection with legal orders from law enforcement or other government bodies; as required by law or regulation; to protect the rights of our customers, the public, or others; to protect our own legal rights and responsibilities; or with your consent.

In addition, we may share Personal Information with Business Partners that help FileWave or our subsidiaries carry out transactions you request, customize, analyze and/or to improve our communications or business relationship with you. Such Business Partners may include a payment processor to bill you for services and an email service provider to send out emails or newsletters on our behalf. These communications may include requests relating to our products or services.

We will only share Personal Information with Business Partners who share our commitment to protecting your Personal Information, either by subscribing to recognized Privacy Principles or by written agreement to provide at least the same level of privacy protection as is required by the relevant legal and governmental authorities.

The use, collection and disclosure of personal information may involve FileWave transferring personal information across borders. If this occurs, we will comply with all applicable transborder data flow privacy laws. We may share information with a purchaser of all or part of the companies comprising FileWave or FileWave subsidiaries.

We may aggregate, de-identify and/or anonymize information so that it does not identify you, and share that and other non-Personal Information with third parties for any purpose.

FileWave may provide a number of links to third party sites. FileWave assumes no responsibility for the information practices of sites a visitor is able to access through ours, and we encourage visitors to review each site’s privacy policy before using or disclosing any personal information on such third-party sites.

Accountability

FileWave is responsible for personal information under its control, and will take all reasonable steps to handle such personal information fairly and to ensure compliance with applicable laws in relation to the collection, use, disclosure and protection of personal information.

In order to oversee overall compliance with this Privacy Policy and with applicable personal information protection laws, FileWave has designated a Privacy Officer. Contact information for FileWave’s Privacy Officer can be found at the end of this Privacy Policy.

Please note that if you are a business, education or government customer or any other type of organization using FileWave products, you are responsible for the legal collection and use of personal information of individuals within your organization, in accordance with the principles set out in your privacy policy and the applicable laws in the countries and jurisdictions in which you operate. FileWave is not responsible for your privacy practices and policies.

Retention

FileWave will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required for legal or business purposes. After this time, any personal information you have provided to us will be destroyed, deleted or made anonymous. If you have an account with FileWave, and you are no longer a customer, your account will be put into a non-customer mode. Following termination or deactivation of your account, FileWave may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes. You may still log in and remove your account’s personal information, or you may submit a written request to us to remove it. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods. We may delete your personal data from our systems as part of a data retention plan.

Accuracy

FileWave will make reasonable efforts to ensure that the personal information collected and used by us is accurate, complete, and up-to-date to meet the purposes for which it is collected and used. FileWave does not routinely update personal information unless it is necessary to meet the purposes for which it is collected. FileWave therefore relies on you to keep your personal information accurate and current.

You may request correction to your personal information in order to ensure its accuracy and completeness. Any request to correct personal information must be made in writing to FileWave’s Privacy Officer and must provide sufficient detail to identify the personal information and the correction being sought. If you have an account with FileWave, you can update your own information by logging in to your “settings”.

If your personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any third party to whom we disclosed the personal information in the previous year. If the correction is not made, we will note your correction request in the relevant records.

Openness

This Privacy Policy is available to the public on our website, so that information about our policies and practices relating to the management of information is readily available to everyone.

In the event that FileWave has provided you with a translation of the English language version of this Privacy Policy, then you agree that the translation is provided for your convenience only; that the English language version of the Privacy Policy governs your relationship with FileWave; and, if there is any contradiction between what the English language version of the Privacy Policy and the translation says, that the English language version shall take precedence.

Your Rights

FileWave seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed in this Privacy Policy will apply to each individual data subject and may not apply to you depending upon your jurisdiction.

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us.

Upon request, FileWave will provide you with information about whether we hold any of your personal information. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.

To the extent that such rights are mandated by the laws applicable to the individual data subject, such as all data subjects residing in the European Union (“EU”), the following rights may apply:  the right to access (GDPR, Article 15); the right to rectification (GDPR, Article 16); the right to erasure (GDPR, Article 17); the right to restrict processing (GDPR, Articles 18); the right of object (GDPR, Article 21); and if applicable, the right to data portability (GDPR, Article 20). You may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77).

If we process your information based on our legitimate interests as explained in this Privacy Policy, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting FileWave at privacy@filewave.com. A withdrawal of consent will not affect the validity of our use of your personal data up until the point you have withdrawn your consent.

If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may contact us using the information above.

Requests for Access

You have the right to access your personal information, subject to limited exceptions under applicable laws, disclosure that would reveal personal information about another person, legal obligations and proprietary rights. FileWave’s Privacy Officer will assist you with your request. This includes:

• Identification of and access to any or all of your personal information under FileWave’s custody or control.
• An explanation of how that personal information is or has been collected, used or disclosed by FileWave.
• The names of any individuals and organizations to which your personal information has been disclosed by FileWave.

All requests should be made in writing (by mail, fax or email), provide sufficient detail to identify the information being sought, and be directed to FileWave’s Privacy Officer. FileWave’s Privacy Officer may require further information defining the request more succinctly.

We will respond to written requests within thirty (30) days of receiving such request. We will either make the requested information available within that time period, or, where additional time is required to fulfill the request, provide written notice of an extension. If FileWave cannot fulfill your request in full or in part, you will be provided with a response in writing that documents the reason for refusal and the recourse available to you.

A minimal fee may be charged for providing access to personal information, where permitted under applicable law. Where a fee applies, we will inform you of the cost, and request further directions from you on whether or not we should proceed with your request.

Opt-Out

Users may opt-out of receiving certain communications from FileWave by following the unsubscribe process described in an email communication, or by contacting us using the contact information provided above. However, please note you may not opt-out of certain Services-related communications, such as account verification, changes or updates to features of the Services, or technical and security notices.

Do Not Track

FileWave does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including personal data, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

Information Security

The security of your personal information is important to us. FileWave takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration and destruction. FileWave implements security measures as we deem appropriate and consistent with industry standards. As no data security protocol is impenetrable, FileWave cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from Services are provided at your own risk.

Please do your part to help us keep your information secure. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. FileWave specifically reserves the right to terminate your access to the Services and any contract you have with FileWave related to the Services in the event it learns or suspects you have disclosed your account or password information to an unauthorized third party.

Additional Provisions Regarding The Services & Your Information

Safely Using FileWave’ Services.Despite FileWave’ safety and privacy controls, we cannot guarantee the Services are entirely free of illegal, offensive, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other users when using the Services. You can help FileWave by notifying us of any unwelcome contact by contacting us using the information below.

Your California Privacy Rights. Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), FileWave Services users and customers who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the address below or at privacy@filewave.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will comply with your request within thirty (30) days or as otherwise required by the statute. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Complaint Procedure

Complaints, concerns or inquiries about FileWave’s privacy policies and practices, including compliance with this Privacy Policy, should be made in writing to:

Privacy Officer

FileWave AG, St. Gallerstrasse 1, CH-9500 Wil, Switzerland. [Fax: +41 (0) 71 914 30 81], or
FileWave (USA), Inc., 7320 E. 86th Street, Indianapolis, IN 46256, United States. [Fax: +1 (317) 755-0944].

Or

Email our privacy department.

Specific details about the inquiry or complaint must be provided. All complaints will be investigated and will be responded to in accordance with the section above as well as applicable laws. If the FileWave Privacy Officer is unable to address your concerns, the issue may be escalated to the office of the CEO or to the relevant Privacy Commissioner or similar regulatory authority for your jurisdiction.

Changes to Our Privacy Policy

FileWave may modify this Privacy Policy from time to time. The most current version of this Privacy Policy will govern our use of your information and will be located at https://www.filewave.com/privacy. You may contact us to obtain prior versions. We will notify you of material changes to this policy by posting a notice at the Services or by emailing you at an email address associated with your account, if applicable, and provide an “at a glance” overview of any changes.

FileWave’s Privacy Policy was initially published effective January 2002. An update to this Privacy Policy was made on the effective date shown above. The most recent update included the following material changes:

• We included information about mobile apps and the addition of location services for the first time.
• We provided more information about what personal information we collect and why.
• We specified the limited circumstances in which we may collect, use or disclose personal information without your knowledge or consent.
• We identified that implied consent may be valid for the collection, use or disclosure of certain personal information.
• We added greater detail to various sections so that our policies and practices were made clearer.
• We added more detail about the legal basis of data collection and your rights of access under GDPR.

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