Last updated April 30, 2020 (see at end of document)
Thank you for choosing to be part of our community at Desktop.com (“company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at email@example.com
If you are a resident of the state of California, USA, please see the section “DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?” which discusses additional privacy rights you may have under applicable law regarding the processing of your personal data.
Table of contents
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
7. HOW LONG DO WE KEEP YOUR INFORMATION?
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
9. DO WE COLLECT INFORMATION FROM MINORS?
10. WHAT ARE YOUR PRIVACY RIGHTS?
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
12. DO WE MAKE UPDATES TO THIS POLICY?
13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
14. CHANGE LOG
WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, payment information, and social media login data.
We collect personal information that you voluntarily provide to us when you register at the Site or App, modify your profile, express an interest in obtaining information about us or our products and services, when you participate in activities on the Sites or when you otherwise contact us.
The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we collect can include the following:
Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (e.g. a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor, Stripe and PayPal, and you should review its privacy policies and contact the payment processor directly to respond to your questions.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our websites.
We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookies Policy.
Information collected through our Apps
In Short: We may collect information regarding your geo-location, mobile device and push notifications when you use our apps.
If you use our Apps, we may also collect the following information:
- Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
- Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s calendar, notifications function, storage and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
- Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
- Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Information collected from other Sources
In Short: We may collect limited data from public databases, marketing partners, the provider of your third party credentials, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners as well as from other third parties. Examples of such third party sources are:
Authentication partners - If you register for or log into our services using third party credentials (e.g. Google), we will import your information from such third party to help create your account with us.
Technical service partners - We work with technical service partners that provide us with certain data, such as mapping IP addresses to non-precise location data (e.g., city, state), to enable us to provide the Desktop.com service, content, and features.
Payment partners - If you choose to pay for a service or feature by invoice, we may receive data from our payment partners to enable us to send you invoices, process your payment and provide you with what you’ve purchased.
Third Party Integrations - Third Party Integrations refers to software that integrate with our Sites, such as apps that are added to a Desktop via the AppStore. Desktop.com may also offer you to register for a Desktop.com account using your credentials from a third party service, such as Google or Microsoft, which may then share certain information with Desktop.com. Similarly, for example, if a cloud storage application is enabled to permit files to be imported to a Desktop.com account, we may receive the user name and email address of users, along with additional information that the application has elected to make available to Desktop.com in order to facilitate the integration. Users should check the privacy settings and notices from these Third Parties to understand what data may be disclosed to Desktop.com. When a Third Party Integration is enabled, Desktop.com is authorized to connect and access information made available to Desktop.com in accordance with our agreement with the Third Party and any permission(s) granted by you to that Third Party. We do not, however, receive or store passwords for any of these Third Party Integrations.
"Non-Personal Information" is any information that does not reveal your specific identity, such as:
- Browser information
- Information collected through cookies, pixel tags and other technologies such as scripts
- Demographic information and other information provided by you
- Aggregated information
We and our third party service providers may collect Non-Personal Information from you, including your computer type, screen resolution, OS version, and Internet browser. We also aggregate Personal Information in a manner such that the end-product does not personally identify you or any other user of the Sites, for example, by using Personal Information to calculate the percentage of our users who reside in a particular country.
Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process. (Performance of a Contract, Legitimate Interest and/or Consent). If you choose to link your account with us to a third party account (such as your Google account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process. See the section above headed "Third Party Integration" for further information.
- To send you marketing and promotional communications. (Performance of a Contract, Legitimate Interest and/or Consent). We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "Your Privacy Rights" below).
- To send administrative information to you. (Legitimate interest, Legal Reasons and/or Performance of a Contract). We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- Fulfill and manage your orders. (Performance of a Contract). We may use your information to fulfill and manage your payments or purchases made through the Sites.
- To post testimonials. (Consent). We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at firstname.lastname@example.org and be sure to include your name, testimonial location, and contact information.
- Administer prize draws and competitions. (Performance of a Contract, Legitimate Interest and/or Consent). We may use your information to administer prize draws and competitions when you elect to participate in competitions.
- Request Feedback. (Legitimate interest and/or with your Consent). We may use your information to request feedback and to contact you about your use of our Sites.
- To protect our Sites. (Legitimate interest and/or Legal Reasons). We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).
- To enable user-to-user communications. (Consent). We may use your information in order to enable user-to-user communications with each user's consent.
- To enforce our terms, conditions and policies (Legitimate interest, Legal Reasons and/or Performance of a Contract).
- To respond to legal requests and prevent harm. (Legal Reasons). If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- For other Business Purposes. (Legitimate interest). We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.
WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.
We only share and disclose your information in the following situations:
- Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing (Stripe), data analysis, email delivery, system integration (Auth0), hosting services, customer service and marketing efforts (Hubspot). We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets (including in connection with any bankruptcy or similar proceedings), financing, or acquisition of all or a portion of our business to another company.
- Business Partners. We may share your information with our business partners to offer you certain products, promotions or services, such as contact information verification, payment processing, order fulfilment, customer service, website hosting, data analysis, infrastructure provision, IT services, email delivery services, auditing services and other similar services.
- With your Consent. We may disclose your personal information for any other purpose with your consent.
- Other Users. If you share personal information in a Desktop, other users that belong to your team and/or that you share a Desktop with, will be able to view that information and view your profile. Additionally, certain information relating to your account may be shared with your employer if the domain of the primary email address associated with your Desktop.com account is owned by your employer and that email address was assigned to you as an employee of that organization, and an authorized Admin of that organization wishes to establish a new Desktop.com company account and add you to it, then certain information concerning your individual account may become accessible to that organization’s Admin including your name and email address, and your account may be added to the corporate Desktop.
IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.
Desktop.com may subcontract processing to, or share your personal data with, third parties located in countries other than your country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country.
Personal data collected within the European Union may, for example, be transferred to and processed by third parties located in a country outside of the European Union. In such instances Desktop.com will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
For further details of the security measures we use to protect your personal data, please see section “HOW DO WE KEEP YOUR INFORMATION SAFE” in this Policy.
WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third-party providers who are not affiliated with our Sites.
HOW LONG DO WE KEEP YOUR INFORMATION?
We keep your personal data only as long as necessary to provide you with the Desktop.com Services and for legitimate and essential business purposes, such as maintaining the performance of our services, making data-driven business decisions about new features and offerings, complying with our legal obligations and resolving disputes. We keep some of your personal data for as long as you are a user of Desktop.com. For example, we keep your account information and payment history.
If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data (e.g. tax, accounting or other legal requirements), including situations such as the following:
- If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
- Where we need to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
- Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
To place a request, email email@example.com
HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We are committed to protecting our users’ personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever 100% secure. We have implemented various policies, such as encryption, MFA, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems.
Your password protects your user account, so we encourage you to use a strong password that is unique to your Desktop.com account, never share your password with anyone and limit access to your computer and browser.
DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site and App. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at firstname.lastname@example.org
WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
You may at any time review or change the information in your account or terminate your account by:
· Logging into your account settings and updating your account, and/or
· Contacting us using the contact information provided below
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. You can also opt-out by:
· Noting your preferences at the time you register your account with the Sites.
· Logging into your account settings and updating your preferences.
· Contacting us using the contact information provided below
Do Not Track: The term "Do Not Track" refers to an HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Sites or App, you have the right to request removal of unwanted data. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites and App, but please be aware that the data may not be completely or comprehensively removed from our systems.
For more details, see Additional California Privacy Disclosures.
DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, or any other of our policies, email us at email@example.com or by post to:
c/o Okonova 360 AS
Krags gate 144
4950 RISOR, Norway