Privacy Statement

• when you visit or use our websites and obtain other Services, including events, that refer or link to this Privacy Statement;
• when nClouds accesses your websites, designated environment, and/or infrastructure for the purpose of providing consulting and contractual Services; and
• when nClouds receives or procures data from a third party.

This Privacy Statement may be supplemented by additional privacy statements, terms, or notices mutually agreed upon by both parties.
We will indicate within the engagement process of our contracts, services, and other applications what types of personal information are required and those that are requested. You may choose not to submit the requested information, but that may limit or prohibit the services that nClouds is able to provide to you.

At all times, nClouds shall comply with all applicable international, federal, regional, and local privacy laws and regulations.

2.1 Scope of Privacy Statement

This Privacy Statement does not apply to information that you provide to third parties, such as other members—including group organizers and network administrators—or to others with whom you may share information about yourself. Disclosure of information to these third parties is subject to the relevant third party’s privacy policy, if any. We are not responsible for any third party’s privacy policy or content, even if we link to those services from our Platform or if we share information with these third parties.

nClouds is a data processor and does not fit the definition of a controller except with respect to nClouds employees’ data. nClouds employees and administrators are NOT directly responsible for complying with the requirements of applicable EU privacy laws in connection with the information that they obtain.

We collect information, such as usage statistics, by using cookies, server logs, and similar technologies if you elect to use these or other certain features as provided. We also collect information from other sources, which may include, but are not limited to,

• direct interactions and surveys on our websites;
• employment applications;
• marketing, customer, partner, and public social engagements;
• contractual engagements and services;
• partner data sharing under contractual agreements;
• procured data from third parties as applicable; and
• sales and DGR with Clover.

3.1 Information You Provide to Us

We collect information that you provide directly to us. For example, we collect information that you provide when you fill out a form or communicate with us. The types of information that we may collect include

• contact details, such as an individual’s name, email address, postal address, social media handle or username, payment method data, and phone number;
• account login credentials, such as usernames and passwords, password hints, and similar security information;
• customer information, such as corporate names, employee job titles, contact information, professional background, and qualifications;
• comments, feedback, and other information you provide to us, including interests, communication preferences, and preferred language; and or
• any other information that you choose to provide.

3.2 Information from Your Organization

We may obtain personal information about you from the organization with which you are employed or affiliated, from which you may have done business, or from which you had previous interactions, including

• contact details, such as your name, provided email address(es), postal address, social media handle, and phone number;
• other account registration information such as job title; and/or
• organizational user ID.

3.3 Information from Other Sources

We may also obtain personal data, contact details, and other information about you from our affiliates and other third parties’ information services, including

• social networks when you grant permission to others to access your data on one or more networks;
• service providers that help us determine a location in order to customize certain products to your location;
• businesses with which we offer cobranded services or engage in joint marketing activities; and/or
• publicly available sources and data suppliers from which we obtain data to validate or supplement the information we hold.

3.4 Information Collected by Cookies and Other Tracking Technologies

Our service providers and we collect information using various technologies, including cookies and pixel tags (which are also called clear GIFs, web beacons, or pixels.) Cookies are small text files stored on your hard drive or in device memory that help us improve our Platform and your experience and track usage of our Platform. Cookies help us to store your preferences and settings, help you with signing in, provide targeted promotions, and analyze site operations. Pixel tags are electronic images that may be used in our Platform or emails and that track usage of our Platform and the effectiveness of communications.

Most devices and web browsers are set to accept cookies by default. If you prefer, you may be able to remove or reject cookies. You can learn more about how to block cookies by visiting kaspersky.com.Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.

Why we use cookies: Cookies serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Platform. We use cookies for the following purposes:

• Authentication: We use cookies to recognize you if you are logged into our Platform. This lets us personalize your experience on or with the Platform in the ways described below. In addition, we may employ third-party services that may use cookies to help you sign into their services from our Platform.
• Security: We use cookies to support or enable security features we have deployed and to help us detect malicious activity and violations of our Terms of Service. These cookies help us prevent the fraudulent use of login credentials.
• Services, features, and preferences: We use cookies to provide functionality and help us deliver our products and services according to your preferences. For example, we use cookies to know which language you prefer and what your communications preferences are, to show you personalized views related to your interests and groups, and to help you fill out forms on the Platform.
• Performance, analytics, and research: We use cookies to help us analyze how the Platform is being accessed and used and to enable us to track the performance of the Platform. This helps us to understand, improve, and research features and content on the Platform. We may also use other services, such as Google Analytics or other third-party services, to assist with analyzing performance on our Platform.

You can control cookies through your browser’s settings and other tools. However, if you block certain cookies, it will impact the performance of and engagement with our services. In addition, you may not be able to register, log in, access certain parts, or make full use of the site. For more details, access the cookie policy of the specific web page in question.

3.5 How We Use Your Information

Depending on how you interact with the Service and us, nClouds may use information about you in order to

• provide, maintain, and improve our Platform;
• process transactions;
• develop new products, benefits, and services;
• provide technical, product, and other support to the Service to maintain its performance, safety, and security;
• provide, activate, and manage your access to and use of the Service;
• enhance and improve the Service and our other products, events, and services;
• offer you custom content and other personalization to make the Service more relevant to your interests and geography;
• respond to your requests, inquiries, comments, and concerns;
• notify you about changes, updates, and other announcements related to the Service and our other products and services;
• deliver targeted advertisements, promotional messages, notices, and other information related to the Service and your interests;
• provide you with information about products, events, and services of ours, our affiliates, and third parties, such as sponsors;
• invite you to participate in user testing and surveys as well as drawings, sweepstakes, competitions, and similar promotions;
• identify, monitor, and analyze trends, usage, and activities in connection with our Platform;
• develop data analysis, including for purposes of research, audit, reporting, and other business operations—including determining the effectiveness of our promotional campaigns and evaluating our business performance—or in other ways pursuant to a customer agreement;
• comply with our legal obligations, resolve disputes, and enforce our agreements;
• detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities;
• protect the rights, property, or safety of others;
• enforce compliance with our policies;
• comply with applicable laws and government requests;
• perform accounting and administrative tasks; and
• enforce or manage legal claims.

If you are an administrator of an organization with a contractual agreement to access the Service, we will use your details to communicate with you about your organization’s subscription or agreement and related services. If you supply us with the contact information of your colleagues, we may contact those individuals with communications about the Service that may include reference to you.

We do not share information about you in any way other than as described in this Privacy Statement.

4.1 Your Organization

If you access the Service through an agreement by your organization, your personal information and certain usage data gathered through the Service may be accessed by or shared with the administrators authorized by your organization for the purposes of usage analysis, usage management and compliance, training course progress, performance and remediation, cost attribution, and departmental budgeting.

4.2 Third-Party Application Licensor

If you access a third-party application on the Service through a license agreement with the licensor of that application, personal information relevant to that third-party application may be shared with the licensor so that it can provide you access to the application, subject to the terms of its license agreement and privacy policy.

4.3 Our Group Companies and Service Providers

Dependent upon the Services provided, we share information with

• our affiliates, partners, and contract service providers that provide technology, customer service, and other shared services functions; and/or
• our service providers, suppliers, agents, and representatives, including but not limited to payment processors, customer support, email service providers, event venues and service providers, IT service providers, marketing service providers, research providers, mailing houses, and shipping agents.

We share information with the parties described above in order to process the information as necessary to provide the Service, complete a transaction, or fulfill your request or otherwise on your behalf based on our instructions and in compliance with this Privacy Statement and any other appropriate confidentiality and security measures.

4.4 Your Choices

We may share your personal information with our affiliates and with sponsors, joint venture entities, and other third parties—including entities for whom we are acting as an agent, licensee, application host, or publisher—that wish to send you information about their products and services that may be of interest to you, as determined by your choices in managing your communications preferences and other settings.

The Service may let you post and share personal information, comments, materials, and other content. Any such contributions that you disclose publicly may be collected and used by others. Please be careful when disclosing personal information in these public areas.

4.5 Legally Compelled Sharing of Information

We will also disclose your personal information if we have a good-faith belief that such disclosure is necessary to

• meet any applicable law, regulation, legal process, or other legal obligation;
• detect, investigate, and help prevent security, fraud, or technical issues;
• protect the rights, property, or safety of nClouds, our users, partners, employees, or others; and/or
• as part of a corporate transaction, such as a transfer of assets to, an acquisition by, or merger with another company.

We may use information about you in order to

• respond to your comments, questions, and requests;
• provide customer service;
• communicate with you in accordance with your account settings, about products, services, and events offered by us and others;
• provide news and information that may be of interest to you;
• conduct surveys related to Services;
• contact you about events that are being held near your location; and/or
• send you technical notices, updates, security alerts and support, and administrative messages.

6.1 Grounds for Processing

Under European data protection laws, the processor of your information is nClouds, Inc. If we collect or otherwise process any personal information within the scope of European data protection laws, we may do so for any of the following reasons:

• In order to provide our services in accordance with the applicable nClouds Terms of Service, Terms and Conditions, and/or Master Agreement
• Where it is in our legitimate interest to do so and not overridden by your rights (e.g., for direct marketing, fraud prevention, network and information systems security, responding to your communications, the operation of networks of groups by the network administrators, and improving our Platform)
• To comply with a legal requirement or to perform a contract, or at your request prior to entering into a contract
• To assist with certain functions, such as payment processing, email transmission, conducting surveys or contests, data hosting, and some aspects of our technical and customer support (We take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorize, subject to confidentiality obligations and per applicable privacy and security laws and regulations.)
• Where necessary to provide the Service or fulfill a transaction
• Where necessary for our compliance with applicable law or other legal obligation
• Where necessary for the performance of a task carried out in the public interest
• Where necessary to enable our customers to comply with their legal obligations
• Where applicable, with your consent
• Where necessary to operate our business; protect the security of our systems, customers, and users; detect or prevent fraud; or fulfill our other legitimate interests as described in sections 2–4 of this privacy policy, except where our interests are overridden by your privacy rights

Where we rely on your consent to process personal information, you have the right to withdraw your consent at any time. Where we rely on legitimate interests, you may have the right to object to our processing.

6.2 Locations of Processing

Your personal information may be stored and processed in your region or another country where nClouds, its affiliates, partners, and their service providers maintain servers and facilities, including but not limited to the United States, the United Kingdom, Canada, Australia, the European Union, and the Philippines.

We take steps, including through contracts, intended to ensure that the information continues to be protected wherever it is located in a manner consistent with the standards of protection required under applicable law.

Where personal information is transferred from the European Economic Area (EEA) or Switzerland to a country that has not received an adequacy decision by the European Commission, we rely on appropriate safeguards, such as the European Commission-approved Standard Contractual Clauses, to transfer the data.

Right of Access

On receiving an access request, nClouds will provide the necessary information in a portable and easily accessible format, normally within 45 days of the request.

When providing information under the right of access, nClouds will include

• the categories of personal information the business collects,
• the categories of sources of personal information,
• the business or commercial purpose for collecting the personal information,
• the categories of any third parties with whom nClouds shares the personal information, and
• the specific pieces of personal information collected.

Right to Deletion

The consumer has a right to request the deletion of personal information that the business holds on the consumer. However, this right does not apply where nClouds needs to retain the personal information in order to do any of the following:

• Provide goods or services to the consumer
• Detect or resolve security issues or functionality-related issues
• Comply with the law
• Conduct research in the public interest
• Safeguard the right to free speech
• Carry out any actions for internal purposes that the consumer might reasonably expect

Right to Nondiscrimination

The consumer has the right not to be discriminated against for having exercised their rights under the CCPA. nClouds may not

• deny the consumer goods or services;
• charge the consumer different prices for goods or services, whether through denying benefits or imposing penalties;
• provide the consumer with a different level or quality of goods or services to the consumer; and/or
• threaten the consumer with any of the above

More Information
If you have specific questions about the CCPA and how it applies to nClouds’ services or operations, you can contact our Data Privacy Office:

nClouds
34 W. 200 S., #405
Salt Lake City, UT 84101
legal@nclouds.com
(866) 673-9330

We may access, preserve, and disclose information about you to third parties, including the content of messages, if we believe disclosure is in accordance with or required by applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with any nClouds Terms of Service or a Master Services Agreement; if we believe that your actions are inconsistent with related guidelines and policies; if necessary to protect the rights, property, or safety of nClouds websites or Platforms; or if necessary to prevent fraud or abuse of nClouds websites or Platforms.

If nClouds is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of its assets, information about you may be shared, sold, or transferred as part of that transaction. We may also share information about you with current or future corporate parents, subsidiaries, or affiliates.

We may de-identify or aggregate information about you and share it freely in instances where you can no longer be identified. We may also share information about you with your consent, at your direction, or where we are legally entitled to do so.

nClouds is based in the United States and does not maintain any other subsidiaries or affiliates outside of the United States. Information about you may be transferred to and processed in other countries, which may be other than the country in which you reside. These other countries may have data protection laws that are different from the laws of your country and, in some cases, may not be as protective. We have taken appropriate safeguards to require that your information will remain protected in accordance with this Privacy Statement.

We employ technical and organizational measures designed to appropriately protect your information that is under our control and that we process on your behalf from unauthorized access, collection, use, disclosure, copying, modification, or disposal, both during transmission and once we receive it. We store all the information that you provide to us on secure servers. We train our employees regarding applicable data privacy policies and procedures and permit authorized employees to access information on a need-to-know basis or as required for their role. No method of transmission over the internet or method of electronic storage is completely secure. nClouds’s measures are aimed at ensuring the integrity, confidentiality, and availability of personal information.

Where you have a password enabling you to use our Platform or Community, you are responsible for keeping your passwords complex, secure, and confidential.

We do not knowingly collect information from children under the age of 13 or target the Service to children under 13.

We retain certain information that we collect from you for the following reasons:

• To ensure that we do not communicate with you if you have asked us not to
• To provide you with a refund if you are so entitled
• To better understand the traffic to our Platform or websites in order to provide the best possible experience
• To detect and prevent abuse of our Platform, illegal activities, and breaches of our Terms of Service
• To comply with applicable legal, tax, or accounting requirements

We retain your personal information for as long as is necessary to provide the Service and fulfill the transactions you have requested, to meet the service obligations of our customers, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. If you access the Service through a contractual agreement or sponsorship by your organization, we retain your organizational contact details after the termination of your organization’s subscription to continue to communicate with you.

When we have no ongoing legitimate business need to process your information, or within the statutorily required time frame, we will either delete or anonymize such information.

You can manage your communications preferences by using the “unsubscribe” function, using other means provided within the communications that you receive, or contacting us directly at compliance@nclouds.com. We reserve the right to notify you of changes or updates to the Service whenever necessary.

If you complete a form to receive information from nClouds, then you are automatically opted in to receive further information and communications from nClouds.

You have the right to access your personal data. We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us or request. access to your personal data by sending an email to compliance@nclouds.com.

Rights that you may have, depending on the country in which you live, include the following:

• Accessing, correcting, updating, or requesting deletion of your information
• Objecting to the processing of your information, asking us to restrict processing of your information, or requesting the portability of your information
• Rectification or erasure of your personal information
• Opting out from receiving marketing communications that we send you at any time
• Withdrawing your consent at any time if we have collected and processed your information with your consent (Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect the processing of your information conducted in reliance on lawful processing grounds other than consent.)
• Requesting portability of your personal information
• Complaining to a data protection authority about our collection and use of your information (For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Union are available here.)

If you wish to exercise these rights, please submit your request in writing to nClouds, 34 W. 200 S. #405, Salt Lake City, UT 84101. We will respond to your request consistent with applicable laws. To protect your privacy and security, we may require you to verify your identity.

We may update this Privacy Statement from time to time. Any changes will be posted on this page with an updated revision date. In the event of a revision to this Privacy Statement, we will provide notice to you by publishing the most current version at www.nclouds.com/privacy and revising the date at the top of this page. If we make any material change to this Privacy Statement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform.

If you have any questions or complaints about this Privacy Statement or how we use your information, please contact us at (866) 673-9330 or contact us via email at compliance@nclouds.com.

The data protection representative for our businesses that are processing personal data within the scope of European data protection laws and established outside of the EEA and Switzerland is nClouds.

If you have any questions, comments, complaints, or requests regarding this Privacy Statement or our processing of your information, please contact our data privacy officer:

nClouds
34 W. 200 S., #405
Salt Lake City, UT 84101
legal@nclouds.com
(866) 673-9330

You may also lodge a complaint with the data protection authority in the applicable jurisdiction.

Last updated: March 8, 2023

CONTACT US
Under European data protection law, the processor of your information is nClouds, Inc.

If you have any questions or complaints about this Privacy Statement or how we use your information, please contact us at (866) 673-9330 or at legal@nclouds.com.