BACKmeUP Online Backup (“BACKmeUP”) provides secure, off-site backup and local backup software, and abides by the Safe Harbor Principles of the United States Department of Commerce.BACKmeUP respects the individual privacy of its customers. In all cases BACKmeUP treats personal information in a manner consistent with the laws of the countries in which BACKmeUP does business, but it also aims to uphold the highest applicable ethical standards in all its business activities.
Privacy Principles BACKmeUP’s operations and processing of personal information conform to the following Safe Harbor Privacy Principles as stated below under the heading of each principle.
Notice and Change To the extent permitted by the Safe Harbor Agreement, BACKmeUP reserves the right to process personal information in the course of providing professional services to BACKmeUP’s clients and customers without the knowledge of individuals involved. If and when BACKmeUP collects personal information directly from individuals in the EU, BACKmeUP will inform them about the types of personal information it collects from them, the purposes for which BACKmeUP collects and uses it, and the types of non-agent third parties to which BACKmeUP discloses that information. BACKmeUP will also inform those individuals about the choices and means, if any, that BACKmeUP offers to limit the use or disclosure of their information.
Disclosures and Transfers BACKmeUP will not disclose an individual’s personal information to third parties, except when one or more of the following conditions is true:
a) BACKmeUP has the individual’s permission to make the disclosure;
b) The disclosure is required by law or professional standards;
c) The disclosure is reasonably related to the sale or disposition of all or part of BACKmeUP’s business;
d) The information in question is publicly available;
e) The disclosure is reasonably necessary for the establishment or defence of legal claims; or
f) The disclosure is to another BACKmeUP entity or to persons or entities providing services on BACKmeUP’s or the individual’s behalf (each a “transferee”), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question:
1. Is subject to law providing an adequate level of privacy protection;
2. Has agreed in writing to provide an adequate level of privacy protection; or
3. Subscribes to theSafe Harbor Principles.
Permitted transfers of information, whether to third parties or within BACKmeUP, include the transfer of data from one jurisdiction to another, including transfers to and from the U.S. Because privacy laws vary from one jurisdiction to another, personal information may be transferred to a jurisdiction where the laws provide less or different protection than the jurisdiction in which the information originated.
Data Security To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use and confidentiality of information, either for its own purposes or on behalf of its clients, customers and business partners, BACKmeUP has put in place and rigorously enforces appropriate physical, electronic, and managerial procedures to safeguard and secure the information that BACKmeUP processes. However, BACKmeUP cannot guarantee the security of information on or transmitted via the Internet.
Data Integrity BACKmeUP processes personal information only in ways compatible with the purpose for which it was collected or subsequently authorized by the individual. To the extent necessary for such purposes, BACKmeUP takes reasonable steps to make sure that personal information is accurate, complete, current, and otherwise reliable for its intended use.
Access and Correction If an individual becomes aware that information BACKmeUP maintains about that individual is inaccurate, or if an individual would like to update or review that individual’s information, the individual may contact BACKmeUP using the contact information below. In every case, BACKmeUP will take reasonable steps to permit individuals to correct, amend, or
delete information that is demonstrated to be inaccurate. The individual seeking to amend such information will need to provide
sufficient identifying information, such as name, address, birth date, and social security number. BACKmeUP may request additional identifying information as a security precaution. In addition, BACKmeUP may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Agreement. In some circumstances, BACKmeUP may charge a reasonable fee, where warranted, for access to personal information.
Any claim arising out of or relating to BACKmeUP’s adherence to the EU Data Directive, or the breach thereof, that cannot be resolved through BACKmeUP’s internal processes, will be settled by arbitration in accordance with its applicable commercial rules.
All decisions of the arbitration panel will be final and binding on the parties, which waive any right to appeal the arbitration award further, to the extent an appeal may be lawfully waived.
Contact Information Questions or comments regarding BACKmeUP’s Safe Harbor certification
e-mail as follows:
5 Bromhead RD, Kloof,