This policy applies to all our all existing users as of 2018-05-17, and any new users as of 2018-04-17.
Please note! Not everybody has a law degree or speak English natively, so we have added helpful tl;dr (“too long; didn’t read”) in plain English that summarize each term. These are only meant to help you understand the general meaning and are not legally binding terms of service!
tl;dr This policy might receive small updates, and if so, we’ll let you know.
tl;dr We take care of our users privacy but cannot be responsible for the privacy practices of any third parties.
tl;dr We only control personal data of our users. If a user uploads personal data onto our services, they are the data controller and we only the data processor.
Privacy, security and online safety are important for us, and we process all personal data with due care and in accordance with applicable laws and regulations.
Controller’s contact details.UpCloud Ltd.
Company ID: 2431560-5
E-mail address: [email protected]
Phone: +358-9-3158 4810
Personal data processed and sources of data.
We collect two types of information from the Users: (i) User Data; and (ii) Technical Data. Although we do not normally use Technical Data to identify individuals, sometimes individuals can be recognized from it, either alone or when combined or linked with User Data. In such situations, Technical Data can also be considered to be personal data under applicable laws and we will treat the combined data as personal data.
tl;dr We collect user data and technical data, both of which are considered users’ personal data and treated as such.
UpCloud may collect and process for example the following User Data from Users: (i) name and contact details; (ii) e-mail address; (iii) phone number; (iv) invoicing and billing information; (v) other personal data Users provide themselves.
The specific kind of User Data collected will depend on the Services used by the User. Most of the User Data is received directly from Users at the point of registration or otherwise at beginning of and during the customer relationship.
Technical Data we gather in connection with the use of our Services includes for example the following data: (i) User’s IP address; (ii) browser type and version; (iii) preferred language; (iv) geographic location using IP address or the GPS, wireless, or Bluetooth technology on your device; (v) operating system and computer platform; (vi) the full Uniform Resource Locator (URL) clickstream to, through, and from our Services, including date and time; (vii) products or services User viewed or searched for while using our Services; and (viii) areas of our Services User has visited.
tl;dr We use web browser cookies to maintain, improve, and make the use of our services easier.
For example, the following links provide information on how to adjust the cookie settings on some popular browsers:
tl;dr You may decline cookies but our services might not work correctly without them.
Web analytics services.
Our Services use several web analytics services to compile Technical Data and reports on visitor usage and to help us improve our Services.
Purposes and legitimate grounds for processing of personal data.
There are several purposes for the processing of personal data by UpCloud. Personal data is processed by UpCloud for managing the relationships with customers, facilitating transactions and payments, and for managing, developing and analysing our customer service. Personal data is also used to direct marketing at special customer groups, and other business activities related to any of these activities.
tl;dr We process personal data to provide you with our services.
Personal data is also processed by UpCloud for the following purposes:
To provide our Services and carry out our contractual obligations.
We process personal data in the first place to be able to offer the Services to our customers and Users and to run, maintain and develop our business. In some cases, personal data may be processed in order to carry out our contractual obligations towards the User. We may use the data for example to offer essential functionalities of the Services and to provide access to the Services. If User contacts our customer service, we will use the provided information for answering questions and solving possible issues.
For customer communication.
We may process personal data for the purpose of contacting Users regarding our Services and to inform Users of changes in our Services. Data may also be used for research and analysis purposes in order to improve our Services.
For quality improvement and trend analysis.
We may process information regarding the use of the Services to improve the quality of our Services e.g. by analysing any trends in the use of our Services. When possible, we will do this using only aggregated, non- personally identifiable data.
Legitimate grounds for processing.
We process personal data to perform our contractual obligations towards Users and to comply with legal obligations. Furthermore, we process personal data to pursue our legitimate interest to run, maintain and develop our business.
In some parts of the Services, Users may be requested to grant their consent for the processing of personal data. In this event, Users may withdraw their consent at any time.
Transfer to countries outside of Europe.
We store the Users’ personal data primarily within the European Economic Area. However, we have service providers in several geographical locations. As such, we and our service providers may transfer personal data to, or access it in, jurisdictions outside the European Economic Area or the User’s domicile.
We will take steps to ensure that the Users’ personal data receives an adequate level of protection in the jurisdictions in which it is processed. We provide adequate protection for the transfers of personal data to countries outside of the European Economic Area through a series of agreements with our service providers based on the Standard Contractual Clauses or other similar arrangements.
tl;dr We usually keep your personal data within the EEA but might need to transfer or access it elsewhere, if so we’ll make sure your data is kept safe.
We only share personal data within the organisation of UpCloud if and as far as reasonably necessary to perform and develop our Services. We do not share personal data with third parties outside of UpCloud’s organization unless one of the following circumstances applies:
For legal reasons
We may share personal data with third parties outside UpCloud’s organization if we have a good-faith belief that access to and use of the personal data is reasonably necessary to: (i) meet any applicable law, regulation, and/or court order; (ii) detect, prevent, or otherwise address fraud, security or technical issues; and/or (iii) protect the interests, properties or safety of UpCloud, our Users or the public in accordance with the law. When possible, we will inform Users about such transfer and processing.
To authorized service providers
For other legitimate reasons
With explicit consent
We may share personal data with third parties outside UpCloud’s organization for other reasons than the ones mentioned before, when we have the User’s explicit consent to do so. The User has the right to withdraw this consent at all times.
tl;dr We do not share your personal data with third-parties unless necessary to provide you with our services or for legal reasons.
UpCloud does not store personal data longer than is legally permitted and necessary for the purposes of providing the Services or the relevant parts thereof. The storage period depends on the nature of the information and the purposes of processing. The maximum period may therefore vary per use.
Typically, we will store User’s personal data for as long as the User or the relevant customer User represents is a registered subscriber or a registered user of our Services or for as long as we have another purpose to do so and, thereafter, for no longer than is required or permitted by law or reasonably necessary for internal reporting and reconciliation purposes.
In general, personal data of Users are deleted within reasonable time after the User no longer uses any part of the Services or when the User makes a request regarding deletion of User’s personal data.
tl;dr We only store your personal data for while you are using our services. The data will be deleted within reasonable time after you’ve stopped using our services or request your personal data to be deleted.
Right to access
UpCloud offers access for the Users to the personal data processed by UpCloud. This means that Users may contact us and we will inform what personal data we have collected and processed regarding the said User and the purposes such data are used for.
Right to withdraw consent.
In case the processing is based on a consent granted by User, User may withdraw the consent at any time. Withdrawing a consent may lead to fewer possibilities to use our Services.
Right to correct.
Users have the right to have incorrect, imprecise, incomplete, outdated, or unnecessary personal data we have stored about the User corrected or completed.
Right to deletion.
Users may also ask us to delete the User’s personal data from our systems. We will comply with such request unless we have a legitimate ground to not delete the data. We may not immediately be able to delete all residual copies from our servers and backup systems after the active data have been deleted. Such copies shall be deleted as soon as reasonably possible.
Right to object.
Users may object to certain use of personal data if such data are processed for other purposes than purposes necessary for the performance of our Services to the User or for compliance with a legal obligation.
Users may also object any further processing of personal data after prior given consent. If User objects the further processing of personal data, this may lead to fewer possibilities to use our Services.
In the event and at the sole discretion of UpCloud, if it is determined that the Service can no longer be provided without customer acceptance of modified terms, a pro-rated refund of service will be paid back to the User.
Right to restriction of processing.
Users may request us to restrict certain processing of personal data, this may however lead to fewer possibilities to use our Services.
Right to data portability.
Users have the right to receive their personal data from us in a structured and commonly used format and to independently transmit those data to a third party.
How to use the rights.
The above mentioned rights may be used by sending a letter or an e-mail to us on the addresses set out above, including the following information: the full name, company name (if applicable), address, e-mail address and a phone number. We may request the provision of additional information necessary to confirm the identity of the User. We may reject requests that are unreasonably repetitive, excessive or manifestly unfounded.
tl;dr As a user you have the right to access, correct, and delete your personal data. Contact us for any requests to exercise your rights.
Notwithstanding any consent granted beforehand for the purposes of direct marketing, User has the right to prohibit us from using User’s personal data for direct marketing purposes, market research and profiling by contacting us on the addresses indicated above or by using the functionalities of the Services or the unsubscribe possibility offered in connection with any direct marketing messages.
You have the right to opt out of receiving electronic direct marketing communications from us, and choosing not to receive marketing communications from us in the future. UpCloud uses the Users’ e-mail addresses on record to communicate of updates and important information regarding the UpCloud infrastructure in the form of occasional newsletters. Users have the possibility to opt out of these e-mails by unsubscribing through the e-mail itself.
You also have the right to prohibit us from using your personal data for direct marketing purposes, market research and profiling by contacting us on the addresses indicated above. In case your personal data are processed based on your consent, you have the right to withdraw your consent for such processing.
tl;dr You have the right to prohibit us from using your personal data for direct marketing and unsubscribe from any e-mail campaigns.
Lodging a complaint.
In case User considers our processing of personal data to be inconsistent with the applicable data protection laws, a complaint may be lodged with the local supervisory authority for data protection.
We will take all reasonable and appropriate security measures to protect the personal data we store and process from unauthorised access or unauthorised alteration, disclosure or destruction. Measures include for example, where appropriate, encryption, firewalls, secure facilities and access right systems.
We maintain all personal data collected through industry standard safe mechanisms including, but necessarily limited to encryption of password data as well as API keys, SSL-encryption, passing of credit card information directly to our PCI compliant Merchant Processor and encryption of any collected credit card information.
We use administrative, organizational, technical, and physical safeguards to protect the personal data we collect and process. Our security controls are designed to maintain an appropriate level of data confidentiality, integrity, and availability. We regularly test our websites, data centres, systems, and other assets for security vulnerabilities.
Should despite of the security measures, a security breach occur that is likely to have negative effects to the privacy of Users, we will inform the relevant Users and other affected parties, as well as relevant authorities when required by applicable data protection laws, about the breach as soon as reasonably possible.
tl;dr We use appropriate security measures to keep your personal data safe. If a breach that might affect your privacy should occur, we’ll inform the relevant authorities and let you know.