Last updated: September 2020

This Privacy Policy (the “Privacy Policy”) explains and governs over how we, Cloudwiry Inc. and its affiliates (“Cloudwiry”, “we”, “our”, “us” or the “Company”) use, collect and store Personal Data (as defined below) we collect or receive from or about you, such as in the following use cases:

  • When you use our SaaS (the “Cloudwiry Platform”) for cloud infrastructure management and optimization (“Services“);
  • When you use and access our website, available at: https://cloudwiry.com (the “Site“);
  • When you make use of, or interact with, our Site, including:
    • - When you create an account, purchase a product and/or Services;
    • - When you request a free trial;
    • - When you subscribe to the email list or newsletters;
    • - When we process your job application; and
    • - When you contact us (e.g. customer support, help, submit a request).
  • When we receive your Personal Data from third-party sources;
  • When you attend a marketing event and provide Personal Data;
  • When we use the Personal Data of our service providers and suppliers; and
  • When we use the Personal Data of our customers.

A User may be either: (i) an entity which executed an agreement with Cloudwiry or with Cloudwiry resellers or distributors, who provide our Services (“Customer”), or (ii) our Customer’s users of the Services or visitors of the Site (“End User(s)”, and collectively with Customers, “User(s)” or “you“).

We greatly respect the privacy of our Users and are committed to protect the Personal Data our Users share with us. We believe that you have a right to know our practices regarding the Personal Data and other information we collect and use, when you use our Site and our Services. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being.

PLEASE READ THE FOLLOWING CAREFULLY TO UNDERSTAND OUR VIEWS AND PRACTICES REGARDING YOUR PERSONAL DATA AND HOW WE WILL TREAT IT. BY USING OUR SITE AND/OR SERVICES, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY. Table of contents:

  1. What Personal Data We Collect and Why We Collect It
  2. Cookies
  3. How We Share Your Personal Data
  4. How Do We Protect Your Information
  5. Data Retention
  6. Additional Information Regarding Transfers Of Personal Data
  7. Job Applications
  8. General And Individual End User’s Rights
  9. California Privacy Rights
  10. Analytics Tools
  11. Changes to The Privacy Policy
  12. Questions, Contact Information And Complaints

This Privacy Policy can be updated from time to time, therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Site or Services or by other means.

What information we collect and why we collect it

How we share your personal Data

Cloudwiry is committed to protecting the privacy of its Users. We do not share, sell, rent, trade, lease, loan or otherwise transfer Personal Data to third parties, except as provided in this Privacy Policy. In addition to the recipients described in Section 1, we may share your information as follows:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets subject to the terms of this Privacy Policy.
  • If Cloudwiry or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its Customers will be one of the transferred assets (subject to applicable law).
  • If we are under a duty to disclose or share your Personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of supply terms and other agreements with you; or to protect the rights, property, or safety of Cloudwiry, our Customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.
  • to enforce this Privacy Policy and/or contracts executed with Cloudwiry, including investigation of potential violations thereof and to detect, prevent, or otherwise address fraud, security or technical issues in connection with the Services or Site;
  • to protect the rights, property, or personal safety of Cloudwiry, its Users, or the general public if Cloudwiry has a good faith belief that the law requires us to do so, with or without notice.

Cloudwiry, as it sees fit, may share information (including Personal Data) that you voluntarily make public, including information that you post on any blogs, message boards, chat rooms or other similar forums, whether or not such forums are owned by Cloudwiry, subject to Cloudwiry’s Site Terms of Use.

How do we protect your information

We take great care in implementing, enforcing and maintaining the security of the Service, Site and our Users’ Personal Data. All Personal Data is stored with logical separation from information of other customers. Cloudwiry implements, enforces and maintains security policies to prevent the unauthorized or accidental access to or destruction, loss, modification, use or disclosure of personal data and monitor compliance of such policies on an ongoing basis. However, we do not guarantee that unauthorized access will never occur.

Cloudwiry limits access to personal data to those of its personnel who:
(i) require access in order for Cloudwiry to fulfil its obligations under this Privacy Policy and agreements executed with Cloudwiry and
(ii) have been appropriately and periodically trained on the requirements applicable to the processing, care and handling of the Personal Data
(iii) are under confidentiality obligations as required under applicable law.

Cloudwiry maintains documentation regarding compliance with the requirements of the law, including without limitation documentation of any known breaches and holds reasonable insurance policies in connection with data security.

Additional information regarding transfers of personal data

Data Hosting

  • For Users of the Site: The Data we collect from you is hosted on servers located in the US and EU and Israel. Data we collect from you may be transferred to, and stored at, a destination outside of your jurisdiction that may not be subject to equivalent Data protection laws.
  • For Users of the Services: The information we collect about you is hosted on servers located in the US and EU and Israel.

Intra-Group Transfers

  • The main offices of Cloudwiry have their headquarters in Israel. Please be aware that information you provide to us or we obtain as a result of your use of the Site or the Cloudwiry Platform, may be processed and transferred to other countries and be subject to applicable law.
  • This information may also be processed by staff working for us or for one of our suppliers. The privacy and data protection laws in Israel may not be equivalent to such laws in your country of residence. By using our Site or the Cloudwiry Platform, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in Israel.
  • We do however ensure transfers within the Cloudwiry group will be covered by an agreement entered into by members of the Cloudwiry group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to.

Outbound Transfers

  • Where we transfer your Personal Data outside of Cloudwiry, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.
  • Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

Job Applications

We may collect information (including Personal Data) provided to us by job candidates (“Applicants”), when they apply to a position in our super great company. Cloudwiry welcomes all qualified Applicants to apply to any of the open positions by sending us their contact details and CV (“Applicants Information”). Applicants Information will be maintained, processed and stored in Israel, US and in the applied position’s location(s), and as necessary, in secured cloud storage provided by our third party service providers (as described in Section 1 above).

We are committed to keep Applicants Information private and use it solely for our internal recruitment purposes (including for identifying Applicants, evaluating their applications, making hiring and employment decisions, background checks on Applicants (where permitted under applicable law) and contacting Applicants by phone or in writing).

Please note that Cloudwiry may retain Applicants Information submitted to it even after the applied position has been filled or closed for no more than 12 months thereafter so we can re-consider Applicants for other positions and opportunities and in case the Applicant is hired, for additional employment and business purposes related to his/her work. If you previously submitted your Applicants Information to Cloudwiry, and now wish to have it deleted, amended or in your possession, please contact us via the company website. We will be happy to assist in any manner.

General and individual end user’s rights

The following rights (which may be subject to certain exemptions or derogations), shall apply to Users who are protected by the GDPR. Please note that some of these rights may also apply under other jurisdictions as well:

  • You have a right to access information held about you. Your right of access can normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
  • You have the right to request that we amend any Personal Data we hold that it is inaccurate or misleading.
  • You have the right to request the erasure of the Personal Data that relates to you, If you submit a valid deletion request, as soon as reasonably practicable, and within a maximum of 60 days. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
  • The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
  • The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
  • You have the right to object to profiling;
  • You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority.
  • The right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your Personal Data, in particular if the processing is required to meet our legal and regulatory obligations.
  • You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

You can exercise your rights by contacting us at hello@cloudwiry.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initially requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

Please note that Cloudwiry may also process Personal Data of an End User on behalf of its Customers (who would be considered the Data Controller, as applicable), when the Customer is under the requirement to obtain consent from an End User, or when there is another basis for doing so under applicable law. Customers who cause Cloudwiry to process Personal Data of an End User are obligated to hold all appropriate consents (if applicable) and may only utilize the Services pursuant to applicable law. Cloudwiry supports End Users’ rights to retrieve any information retained on its servers which relates to such End User.

California Privacy Rights

  • California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to hello@cloudwiry.com. Please note that we are only required to respond to one request per customer each year.
  • California Do Not Track Notice. We do not track consumers over time and across third party websites and therefore do not respond to Do Not Track signals. We do not allow third parties to collect Personal Data about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.

Analytic Tools

We utilize certain analytics tools, such as:

  • Google Analytics. The Site uses a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often users visit this Site, what pages they visit when they do so, and what other websites they used prior to coming to this Site. We use the information we get from Google Analytics to maintain and improve the Site and our products. We do not combine the information collected through the use of Google Analytics with Personal Data. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
  • Hubspot.The Site uses a tool called “Hubspot” to collect and analyze information regarding marketing activity and success rates. We use the information we get from Hubspot to improve our marketing activity. Hubspot’s ability to use and share information collected about your visits to this website is restricted by Hubspots terms of service, available at https://legal.hubspot.com/terms-of-service, and Hubspots privacy policy, available at https://legal.hubspot.com/privacy-policy. You may learn about how Hubspot collects and processed data at https://legal.hubspot.com/dpa.

Changes to the Privacy policy

The terms of this Privacy Policy will govern the use of the Site and Service and any information collected in connection therewith, however, Cloudwiry may amend or update this Privacy Policy from time to time. The most current version of this Privacy Policy will always be posted at https://www.cloudwiry.com/privacy-policy. We will endeavor to provide notice of material changes to this policy on the homepage of the Site and/or via an e-mail. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent by email. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Site and/or Services will constitute your written acceptance of, and agreement to be bound by, the changes to the Privacy Policy.

Questions, Contact Information and Complaints

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email or otherwise contact us at the following address and we will make an effort to reply within a reasonable timeframe.

E.U. citizens have the right to lodge a complaint with a supervisory authority (Data Protection Authority in your jurisdiction) in case of a breach of any E.U. data protection and privacy regulations. If the supervisory authority fails to deal with a complaint or inform you within the time frame set under applicable law, you have the right to an effective judicial remedy.

Please do not hesitate to contact us via the “contact us” section in the Site.