BetterCloudTM

Effective Date: May 24, 2018 This Privacy Policy describes the privacy practices of BetterCloud, Inc. (“BetterCloud”, “we”, “us”, or “our”) and explains how we collect, use, disclose and otherwise process personal information in connection with our websites and mobile apps (collectively, the “Sites”), and the rights and choices available to individuals with respect to their information. Please see the Product Privacy Statement to understand how customer personal data is collected, used and protected by the BetterCloud platform, applications and services separately from the Sites. Individuals located in the European Union should be sure to read the important information provided here.

Personal Information We Collect

We collect personal information about you in the following ways:

Information you give us. Personal information you may provide through the Site or otherwise communicate to us when you:

  • register for an account on the Sites, such as a username and preferences;
  • complete forms or request information through the Sites, such as your name, employer, postal address, and email address;
  • contact us to report a problem with our Sites, contact customer support or otherwise correspond with us by phone, email, or other means.

Information from Social Networking Sites. Our Sites include interfaces that allow you to connect with social networking sites (each a “SNS”). If you connect to a SNS through our Sites you authorise us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Privacy Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.

Information we get from others. We may also get information about you from other sources. For example, we may get your name and email address through the “tell a friend” referral section of our website. We may add this to information we get from our Sites.

Information automatically collected. We may automatically log information about you and your computer or mobile device when you access our Sites. For example, we may log your computer or mobile device IP address, geographic location (should you choose to provide it), operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Sites, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Sites. We collect this information about you using cookies. Please refer to the Cookies and Similar Technologies section for more details.

Changes to Your Personal Information

It is important that the personal information we hold about you is accurate and current. Please let us know if your personal information changes during your relationship with us by updating your registration profile or emailing us at privacy@bettercloud.com.

Cookies and Similar Technologies

What are cookies?
We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Sites. We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Sites; and (2) third party cookies, which are served by service providers on our Sites, and can be used by such service providers to recognise your computer or mobile device when it visits other websites.

Cookies we use
Our Sites use the following types of cookies for the purposes set out below:

Type of cookie Purpose
Essential Cookies These cookies are essential to provide you with services available through our Sites and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Functionality Cookies These cookies allow our Sites to remember choices you make when you use our Sites. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our Sites.
Analytics and Performance Cookies These cookies are used to collect information about traffic to our Sites and how users use our Sites. The information gathered may include the number of visitors to our Sites, the websites that referred them to our Sites, the pages they visited on our Sites, what time of day they visited our Sites, whether they have visited our Sites before, and other similar information. We use this information to help operate our Sites more efficiently, to gather broad demographic information and to monitor the level of activity on our Sites.
Social Media Cookies These cookies are used when you share information using a social media sharing button or “like” button on our Sites or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter. The social network will record that you have done this.
Targeted and advertising cookies These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show advertisements which we think will be relevant to your interests while you are on third party websites. You can disable certain cookies which remember your browsing habits and target advertising at you by visiting this site or, in the EU, this site. If you choose to remove targeted or advertising cookies, you will still see advertisements but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioural advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.

Disabling cookies
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.

If you do not accept our cookies, you may experience some inconvenience in your use of our Sites. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.

Local Storage Objects
We use Local Storage Objects (LSOs) such as HTML5 to store Your user information and settings. Third parties with whom We partner to provide certain features on Our site or to display advertising based upon Your Web browsing activity use LSOs such as HTML 5. Various browsers may offer their own management tools for removing HTML5 LSOs.

Pixel tags
We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Sites to track the actions of users on our Sites. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Sites, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.

Framing
Some of our pages utilize framing techniques to serve content to/from our partners while preserving the look and feel of our Sites. Please be aware that you are providing your information to these third parties and not to us.

How We Use Your Personal Information

To operate the Sites
We use your personal information to:

  • operate, maintain, administer, improve, and secure the Sites;
  • study how the Sites are used and to improve the Sites and our other products and services;
  • manage and communicate with you regarding your account on the Sites, if you have one, including by sending you service announcements, technical notices, updates, security alerts, and support and administrative messages;
  • better understand your needs and interests, and personalize your experience with the Sites;
  • provide support and maintenance for the Sites and our services;
  • respond to your service-related requests, questions and feedback.


To send marketing communications
If you request information from us or register for an account on the Sites, we may send you BetterCloud-related marketing communications as permitted by law. You will have the ability to opt out of such communications.

To provide a requested service
If you request a service through the Sites, such as signing up for our newsletter, we may request personal information that we need to provide the requested service.

To comply with law
We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

With your consent
We may use or share your personal information with your consent, such as when you consent to let us post your testimonials or endorsements on our Sites, you instruct us to take a specific action with respect to your personal information, or you opt into third-party marketing communications.

To create anonymous data
We may create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information that makes the data personally identifiable to you, and we use that anonymous data for our lawful business purposes.

For compliance, fraud prevention and safety We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern the Sites; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

How We Share your Personal Information

Except as described in this Privacy Policy, we do not share the personal information that you provide to us with other organizations. We disclose personal information to third parties under the following circumstances:

  • Service Providers. We may employ third-party companies and individuals to administer and provide the Services on our behalf (such as hosting, email delivery and database management services). These third parties may only use your information as directed by BetterCloud and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.
  • Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
  • Compliance with Laws and Law Enforcement; Protection and Safety. BetterCloud may disclose information about you to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern the Service; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
  • Business Transfers. BetterCloud may sell, transfer or otherwise share some or all of its business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Your Choices

Access, update, correct or delete your information Upon request, We will provide you with information about whether We hold, or process on behalf of a third party, any of your personal information. If Your Personal Information changes, or if You no longer desire Our Services, You may correct, update, or delete it by emailing privacy@bettercloud.com. We will respond to Your request within a reasonable timeframe.

Marketing communications
You may opt out of marketing-related emails by clicking on a link at the bottom of each such email, or by contacting us at privacy@bettercloud.com. You may continue to receive service-related and other non-marketing emails.

Testimonials
If you gave us consent to post a testimonial on our Sites, but wish to update or delete it, please contact us at privacy@bettercloud.com.

Choosing not to share your personal information
Where we are required by law to collect your personal information, or where we need your personal information in order to provide a requested service to you or operate the Sites, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the requested service(s) or operate the Sites. We will tell you what information you must provide to receive a requested service or interact with the Sites by designating it as required on the Sites or through other appropriate means.

Security

The security of your personal information is important to us. We use a variety of industry-standard technical, contractual, administrative and physical security measures and procedures to protect the personal information we collect, both during transmission and once we receive it. However, no security safeguards are 100% secure and we cannot guarantee the security of your information. If You have questions about Our security measures in place, please contact Us at privacy@bettercloud.com.

Children

Our Site is not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@bettercloud.com. We will delete such information from our files as soon as reasonably practicable.

International Transfer

BetterCloud is headquartered in the United States and has service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, country, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction. European Union users should read the important information provided here about transfer of personal information outside of the European Economic Area.

Other Sites and Services

The Sites may contain links to other websites and services. These links are not an endorsement, authorization or representation that we are affiliated with that third party. We do not exercise control over third party websites or services, and are not responsible for their actions. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies of the other websites you visit and services you use.

User Generated Content

We may make available on our Sites, or link to, features that allow you to share information online (e.g., on publicly-accessible blogs or community forums). Please be aware that whenever you voluntarily disclose personal information online, that information becomes public and can be collected and used by others. We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly-disclosed personal information. By posting personal information online in public forums, you may receive unsolicited messages from other parties.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy,, you will be notified via e-mail (if you have an account where we have your contact information) or another manner through the Service that we believe reasonably likely to reach you (which may include posting a new privacy policy on our Site – or a specific announcement on this page or on our blog). Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Contact Us

If you have any questions or concerns at all about our Privacy Policy, please feel free to email us at privacy@bettercloud.com, or write to us at:

BetterCloud, Inc.
ATTN: Privacy
330 7th Avenue 14th Floor
New York, NY 10001

Additional Information for European Union Users

Personal information References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller and Data Protection Officer Company is the controller of your personal information for purposes of European data protection legislation. See the Contact Us section above for contact details.

Legal bases for processing We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below. If you have questions about the legal basis of how we process your personal information, contact us at privacy@bettercloud.com.

Processing purpose(click link for details) Legal basis
To provide the services Processing is necessary to perform the contract governing our provision of the services or to take steps that you request prior to signing up for the services.
To communicate with you
To create anonymous data for analytics
For compliance, fraud prevention and safety
These processing activities constitute our legitimate interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
To comply with law Processing is necessary to comply with our legal obligations
With your consent Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated on the Sites or by contacting us at privacy@bettercloud.com.

Use for new purposes
We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We keep basic information about our customers for the duration of the agreement.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

Your rights
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

  • Opt-out. Stop sending you direct marketing communications. You may continue to receive service-related and other non-marketing emails.
  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You can submit these requests by email to privacy@bettercloud.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described above or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Cross-Border Data Transfer
Whenever we transfer your personal information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on one of the following safeguards recognized by the European Commission as providing adequate protection for personal information, where required by EU data protection legislation:

  • Contracts approved by the European Commission which impose data protection obligations on the parties to the transfer. For further details, see European Commission Model contracts for the transfer of personal information to third countries.
  • For transfers to third parties in the United States, ensuring they participate in the EU-US Privacy Shield Framework

Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.

privacyshield

EU-U.S. Privacy Shield
BetterCloud, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.

We are responsible for the processing of personal data we receive, under the Privacy Shield Framework, and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.