PRIVACY STATEMENT CLOUDOCKIT by Lansweeper

1. We respect your privacy

Within the scope of its activities, Lansweeper Canada Inc., a limited liability company existing under Canadian Laws with registered address at 4349, Saint-Denis Street, Montreal, Quebec, Canada, H2J 2K9 and registered under enterprise number 1334690-1 and its affiliates (“Lansweeper”, “we” or “us”), collects and uses information that directly or indirectly identifies natural persons (also known as “Personal Data”).

At Lansweeper we value and respect your privacy and the security of your Personal Data. That is why we strive to process your Personal Data in strict compliance with the applicable legislation on personal data protection, such as, but not limited to, 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 (“GDPR”), and any current or future national or international act or regulation in execution or replacement of the GDPR.

This privacy statement sets out how Lansweeper processes your personal data when you use the Cloudockit website, use the Cloudockit products and services (Container, SaaS and Desktop), or in any other way interact with Lansweeper in the context of Cloudockit (“Privacy Statement”). Supplemental information on the processing of your Personal Data may be provided, through e.g. disclaimers, electronic means or orally.

Lansweeper is committed to ensuring that your privacy is fully protected. Should we request you to provide certain information by which you can be identified when using our product, you can rest assured that it will only be used in accordance with our Privacy Statement.

Within the scope of our commitment to protect your privacy and guarantee the security of your Personal Data, we wish to explain in all transparency:

• what our role as controller of Personal Data comprises of;
• which Personal Data we process and how we collect it;
• why we collect, use and save Personal Data; and
• what your rights and our obligations are in this respect.

2. The controller of your personal data

For the purposes of this Privacy Statement, Lansweeper acts as the controller of your Personal Data. This means that Lansweeper decides why and how your Personal Data is collected and used.

Lansweeper may process Personal Data in its capacity (i) of the company whom your employer has developed a contractual relationship with (for representatives/contacts of our prospects, customers and suppliers who are natural persons), or (ii) of the operator of the Lansweeper owned or managed websites (for visitors of our website https://www.cloudockit.com/, and all related subdomains), or (iii) as otherwise provided in this Privacy Statement. Where Lansweeper acts as the controller of your Personal Data, such data processing shall take place in accordance with this Privacy Statement.

In most cases Lansweeper will act as a data processor, meaning that it processes personal data on behalf of another controller (e.g. personal data Lansweeper may process as a result of the provision of its products such as IT asset data related to natural persons). If your personal data is processed by Lansweeper as a processor on behalf of such other controller, please refer to the privacy statement of that controller for more information. Where Lansweeper acts as the processor of your personal data, a data processing addendum (“DPA”) shall be signed between Lansweeper and the controller.

3. Which Personal Data are processed and how are they collected?

We may process following types of Personal Data:

• Identification and contact data;
• Professional data;
• Financial and economic data;
• Payment information;
• Connection data;
• End-user product usage data;
• Any other information you choose to provide.

Personal Data are collected by Lansweeper in various manners:

• You provide some of it directly in various manners. We collect Personal Data about you when you purchase or sign up for our product and services, register for an account, create or modify your profile, set your preferences, complete our contact forms, participate in contests or similar promotions, respond to surveys, make payment transactions, use our community and support services, etc. We may require you to provide us with Personal Data for contractual or legal reasons. If you do not provide Personal Data when requested, you may not be able to use our services if that information is necessary to provide you with the service or if we are legally required to collect it.
• We record some of it automatically when you use our services, website or social media pages and thereto linked technologies. We collect Personal Data about your activity on and interaction with the services, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long, and other identifiers associated with your devices.
• We may record Personal Data: (i) when you call Lansweeper, we may record the conversation for quality management purposes within our call centre in which case such recordings will be maintained for the duration as permitted by applicable law or (ii) in case of conference calls. In both cases, we undertake to let you know via a beep or message that we record the call.
• We may receive some Personal Data from third parties:
  • If you make a purchase, we obtain limited information about your payment card from our payment service provider. Currently, our payment service providers are Cleverbridge and Stripe. Please refer to their privacy statement (Cleverbridge – Stripe) for more information on how they process your Personal Data.
  • If you have provided your Personal Data to us, according to one of the bullets above, as a contact person for a Lansweeper customer or prospect, we may collect or receive additional professional Personal Data about you from third parties for customer data enrichment purposes. Such professional Personal Data means without limitation: your name, your email, your address, your time zone, your employer’s information, your employment title, your employment role, your LinkedIn-profile, etc.
  • We may receive your Personal Data directly from your employer or from the company you are in any other way engaged with.
  • We may receive your Personal Data from our partners, agents, distributor, reseller or affiliates, when they have provided or offered you Cloudockit products and services.

What do we process your Personal Data for?

We always process your Personal Data for the particular purpose. We only process the data that are necessary for achieving that purpose. More specifically we process Personal Data for the following purposes:

• Analytics: We may use your Personal Data for scientific research, market research & statistical research. This may include analytics related to interactions with our social media pages, our products or our services.
• Complying with law: We may use your Personal Data for compliance with applicable legal requirements, such as tax and other government regulations and industry standards, contracts and law enforcement requests.
• Customer support: You can call or email us. In order to make sure that we can help you as quickly as possible, we make use of the data you provide to us and we may make notes that we save.
• Direct marketing and public relations: We only provide you with direct marketing communication (e-mail, push notifications, etc.) when: (i) we or a third party have obtained your consent (e.g. through a checkbox or webform); (ii) where we have a commercial and/or contractual relationship (e.g. you are a (trial) customer, you have downloaded one of our documents, etc.) and Lansweeper has a legitimate interest to provide you related direct marketing communication. Our direct marketing e-mails make use of tracking cookies, to understand your needs and provide you with better service and internal record keeping. For more information, please read our Cookie Statement.
• End-user analytics: Lansweeper may process end-user product usage data for analytics & research-, product/service improvement-, and product/service personalisation purposes, including making use of profiling.
• Enforcement: For enforcement of our Terms and Conditions and other legal terms or policies.
• Improvement of our products and services: We are continuously searching to improve our services. To this effect we may use your Personal Data to ask you to participate in a customer or market survey, product feedback survey, etc. Sometimes third parties carry out those surveys. We may collect data for bug management purposes, in order to be able to track and revert back to end-users.
• Management and improvement website: We use the Personal Data of the persons visiting our website to manage and improve the website, as well as to analyse the use thereof.
• Management of customers, suppliers and partner programmes: We store the contact details of our business customers and partners to manage the relationship with these customers and partners.
• Security and fraud monitoring: We may process Personal Data to examine, prevent and fight fraud and protect our and other’s interests, rights and property. If required we also communicate customer data to the competent (administrative) authorities, legal institutions or other public bodies. We also make use of CCTV in our offices.
• Supply our products and services to customers: To handle your order we need your contact and billing data such as email address, surname, first name, address, company, VAT ID, telephone number, card number and other billing information from licensee and billing contact. This way we can deliver your order, process payments, respond to your inquiries and keep you updated on the status of your order. If necessary for the handling of your order, we will also transmit your Personal Data to our subcontractors, for example our payment processor. In addition, as part of our services we may use your Personal Data to contact you in order to inform you about our products or services (e.g. we send you emails about your transactions and service-related announcements).
• Recruitment: We may process Personal Data of job applicants in relation to our recruitment activities, for following specific purposes:
  • generating anonymized data related to the careers website, that we share with our partners; and management of job applications (any Personal Data that you provide through our job application form including, but not limited to full name, email address, phone number, picture, cover letter, résumé, LinkedIn profile, Indeed profile and which job you have applied for; statuses, notes and planning related to your job application; and email communication). . Your Personal Data has to be processed by LinkedIn and Indeed to allow for the ‘Apply with LinkedIn’ and ‘Apply with Indeed’ functionalities. LinkedIn and Indeed may use cookies. You can find their privacy statements on the following websites: https://www.indeed.com/legal and https://www.linkedin.com/legal/privacy-policy.

5. Legal bases for processing your Personal Data

We collect and use the Personal Data we have received based on your voluntary, explicit and specific consent, except when the processing is required for the execution of an agreement or for the compliance with an obligation that is imposed by law, decree, ordinance; or when the processing of the Personal Data is necessary for safeguarding our legitimate interest. In that case we will verify whether your interest or your fundamental rights and freedoms do not override the above. Examples of such a legitimate interest are: offering our products and services to our customers, fraud prevention and the protection of our IT systems and networks, compliance with our corporate and legal responsibilities.

6. With whom my personal data are shared?

In principle your Personal Data are only accessible to the authorized personnel within Lansweeper that need to have access to those Personal Data in function of their professional tasks. In any case, those Personal Data shall only be processed for the purposes as described in article 4.

All these members of our personnel are bound by strict internal rules and procedures with respect to the processing of Personal Data. They are also obliged to observe the technical and organizational measures that we have taken to protect your Personal Data.

In principle we do not share your Personal Data with anybody outside Lansweeper. Sometimes it is however necessary that for operational reasons we appeal to meticulously selected third parties within the scope of the purposes described in article 4. These recipients can only use the indicated Personal Data for the execution of their specific task, need to act in respect with our Privacy Statement and they cannot use them for any other purposes. Within the scope of performance of their tasks, the recipients are also obliged to comply with the provisions of the GDPR, as well as their contractual obligations towards us.

Such recipients may be located in jurisdictions outside the European Economic Area that may not guarantee an appropriate level of personal data protection. With respect to the transfer of the Personal Data to such jurisdictions, Lansweeper will ensure that one or more of the listed EU-approved safeguards are in place:

• European Commission adequacy decision;
• Standard Contractual Clauses (SCC’s) as provided in the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021, including the performance of a transfer impact assessment;
• Binding corporate rules; or,
• Certification mechanisms.

Every transfer to a third country, not recognized by an adequacy decision, is subject to an assessment by Lansweeper to determine if there is anything in the law and/or practices in force of said third country that may infringe on the effectiveness of the appropriate safeguards in place (as identified above).

Where required on the basis of aforementioned assessment, Lansweeper shall identify and implement appropriate supplementary measures to govern any data transfer to such international organization or a third country without an adequacy decision to ensure the level of data protection as required by EU law.

Furthermore, Lansweeper shall take all reasonable efforts to implement sufficient guarantees and measures to protect the Personal Data and ensure the effectiveness of the protection of the SCC’s, binding corporate rules and/or certification mechanisms.

Lansweeper may share your Personal Data with the following recipients:

• Processors that assist us with payment processing, i.e. Stripe;
• Processors and/controllers that provide us with additional Personal Data for customer data enrichment purposes;
• Processors that may assist us in collecting Personal Data from you, e.g. providers of chatbot services;
• Processors that provide market and statistical research & analysis;
• Processors that analyse how you engage with our products and services;
• Processors that provide hosting of our website and related databases;
• Processors that provide cloud and other supported software services for business processing, such as accounting software providers;
• Processors that we use for customer support services;
• Processors that provide communication services;
• Processors and controllers who act as a subcontractor for Lansweeper in the execution of the services that we provide to you;
• Processors and controllers that act as agents, resellers or distributors of Lansweeper;
• Processors and controllers that provide professional services to Lansweeper such as accountants, lawyers and notaries;
• Companies associated with Lansweeper and its affiliates.

7. Rights

The GDPR grants you certain rights when Lansweeper processes your Personal Data as a controller. You can exercise these rights by sending an e-mail to privacy@cloudockit.com. In light of the processing of your Personal Data, you enjoy the following rights:

Updates | Newsletters. If you no longer wish to receive any of our communications, you can object to these direct marketing communications by contacting us via email at privacy@cloudockit.com or by clicking the unsubscribe link in the footer of the e-mail. Upon receipt of your objection, we will stop processing your Personal Data for Lansweeper’s communications.

When submitting a request to exercise your rights, Lansweeper may ask for additional information to identify yourself.

If processing your request requires unreasonable measures (e.g. it is technically or organisationally almost impossible or extremely costly) then Lansweeper can charge you reasonable compensation in light of the administrative costs involved in fulfilling the request. Lansweeper can also refuse to process requests that are excessive, particularly due to their repetitive nature.

8. Security of your personal data

We take the necessary administrative, technical and organizational measures to ensure the security and confidentiality of your Personal Data and protect your Personal Data against destruction, loss, abuse, unlawful granting of unauthorized access, to the transmitted, stored or otherwise processed data, either by accident or unlawfully, which more in particular may lead to physical, material or immaterial damage.

These measures take into account the state of technology, the implementation costs, as well as the nature, the size, the context and the processing purposes and also the probability and severity of the various risks for the rights and freedoms of natural persons that are related to the processing.

9. Retention of your personal data

Your Personal Data will be retained as long as necessary for achieving the purpose for which they were collected and in accordance with the legal, regulatory and internal requirements in this respect. In general, you may choose to delete the scanned data after 24 or 48 hours after the scan.

Comments on our community and social media: Lansweeper reserves the right to erase posts, comments, links and publications that we believe to be abusive, insulting, for marketing purposes, to discredit the market, or that entail copyright intrusion, criminal activity or similar. We also reserve the right to block users who repeatedly breach our rules. Sharing sensitive Personal Data about other people is not permitted when publishing questions and comments on our website or social media pages. Sensitive Personal Data may include union membership, sexual orientation, religion, etc. We monitor and moderate our social media pages and our website.

10. Cookies

Lansweeper’s websites, including www.cloudockit.com and all related subdomains, use cookies.

Cookies are small text files that are stored on the hard disk of the computer and/or devices of the visitors of certain websites. They contain certain information, such as for example the language preference indicated by the visitor. Other cookies collect statistics about the visitors of our website or make sure that the graphical layout of the website is correctly represented and that the applications of the website operate correctly.

Some cookies are necessary to make the website operate, other cookies are intended to improve your user experience. More information on the use of cookies on our website, and more in general, by Lansweeper, can be found here.

11. Links to other websites

The Cloudockit website may contain links to websites that are administered by customer companies outside Lansweeper. Those other websites have their own privacy statement which you should carefully read when you visit them. In no case whatsoever shall we be held liable for the content of those websites, nor for any processing of personal data by these third parties.

12. Anonymous data

Lansweeper is permitted to collect non-personal and anonymous data and anonymize personal data. This data does not allow Lansweeper to identify an individual person and this data can be shared with third parties, including for statistical purposes.

13. Modification of the Privacy Statement

This Privacy Statement is subject to modifications.

Lansweeper may change this Privacy Statement to reflect changes in the law, our personal data handling practices, or the features of our business or services. We will make the updated Privacy Statement available on our website and show the date the Privacy Statement was last updated and version, to help you know when we change it. If we make material changes to our Privacy Statement, we will endeavour to notify you in advance through our website(s) (for example by means of pop-up screens) as well as by means of our other commonly used communication channels (for example by email, if we have your email address).

14. Complaints

Are you dissatisfied with how we collect, store or otherwise treat or secure your Personal Data? We are sorry to hear that and are prepared to take all measures to remedy this situation. Please contact us so we can discuss how we can help you by sending an e-mail to privacy@cloudockit.com or by sending a letter to our customer service at Fraterstraat 212, 9820 Merelbeke, Belgium.

You also have the right to lodge a complaint with the authorized supervisory authority (i.e. the Belgian Data Protection Authority or the data protection authority of (i) your residence or (ii) your workplace) should you consider that the processing of your Personal Data infringes the GDPR. You can send an email to the Belgian Data Protection Authority at contact@apd-gba.be or contact them via regular mail at Drukpersstraat 35, 1000 Brussels, Belgium. You can also call the Belgian Data Protection Authority: +32 (0)2 274 48 00.

If you would like to receive more information on how to contact them, please visit this webpage: https://www.dataprotectionauthority.be/citizen/actions/request-an-information.