ABOUT US SECTION
BrownCOW Technology provides information management and business continuity services and solutions (collectively our “Services”) to business customers (our “Customers”). In accessing our Services, our Customers may provide BrownCOW Technology with access to business or other information that may include personal information (we refer to this as “Customer Relationship Information”). This Policy governs how BrownCOW Technology processes Customer Relationship Information. A Customer may also provide BrownCOW Technology with access to information in backup images that may include personal information of either our Customer or their client (we refer to this as “Backup Information”). In providing our Services, we act as the processor of Backup Information on behalf of, and under the instructions of, our applicable Customer. It is the responsibility of our Customer (or their respective end-customers, if any) to ensure that Backup Information that it collects, backs up, stores, or otherwise provides BrownCOW Technology access to, through use of our Services, has been collected lawfully and in compliance with applicable data protection laws. Please refer to the Privacy Notice of our applicable Customers for information about the ways in which they process any personal information about you contained in Backup Information.
2. PERSONAL INFORMATION WE COLLECT
In general terms, we may collect personal information about you from three sources: (a) personal data you provide to us voluntarily, (b) personal data we collect automatically, and (c) the personal information we receive about you from third parties. Each of these sources of personal information is explained in more detail below along with (for the benefit of individuals in the European Economic Area) BrownCOW Technology’s legal basis for processing the personal information.
This is personal information that you choose to provide to us voluntarily, for example when interacting with our websites or using our products and Services. It includes details such as your name, email address, residential address, or other information permitting your identity to be directly or indirectly inferred. It will be apparent to you at the time you provide your information what information is requested, why, and whether the provision of the information is optional or mandatory.
The following are examples of when you may choose to provide personal information to us:
- Agreements/Purchase Orders. If you enter into an agreement with BrownCOW Technology or submit a purchase order, we collect your company name, address, phone, fax, email, first name, and last name. We process this information in order to fulfill your order for products. Our legal bases for processing this information are to perform a contract with you and/or take steps requested by you prior to entering into a contract and to further our legitimate interests in managing, operating, and promoting our business.
- HR Data. BrownCOW Technology collects relevant HR Data for its employees (past and present) including name, mailing address, email address, and social security number. This information is used only within the context of the employment relationship and associated activities. BrownCOW Technology is committed to cooperating with the EU authority or authorities concerned in conformity with the Supplemental Principles on Human Resources Data and the Role of the Data Protection Authorities and will comply with the advice given by such authorities.
- Customer Encrypted Data. Certain BrownCOW Technology products or services allow you to encrypt data prior to transmission and then electronically transmit such encrypted data to BrownCOW Technology for long-term storage (“Customer Encrypted Data”). BrownCOW Technology will not decrypt the contents of such data, except as explicitly authorized by you (for example when you use the restore functions of the software). If supported by the software, BrownCOW Technology does not store your encryption key for such Customer Encrypted Data, except in an encrypted form.
- Promotional Activities and Subscriptions. If you choose to subscribe to newsletters, blog subscriptions, promotional emails, or other online or print materials or to participate in a BrownCOW Technology promotional event, such as a webinar, survey, sweepstakes, tradeshow, deal registration, or other promotional activity online or in any other venue, we may collect your name, company name, address, telephone number, state or province, country, postal code, and email address. This is so that we may provide you access to an activity or provide you with the information you have requested. Our legal bases for processing this information are to perform a contract with you and/or take steps requested by you prior to entering into a contract. In addition, we may process this information based on our legitimate interests, which include ensuring participation by authorized participants, and managing, operating, and promoting our business.
This is information that we collect automatically from the devices of visitors to our websites or users of our Services. This type of information is generally collected for analytics and reporting purposes, for behavioral advertising, to improve advertising and marketing campaigns, and to maintain the security of our products, services, and websites. The following are examples of information we collect automatically:
- Our Websites. We may collect information that your browser sends to our servers when you visit our websites. For example, your browser or device may send us information about the type of browser or device you are using as well as your internet protocol (“IP”) address. When you visit a BrownCOW Technology website, your browser may also send us information such as the page that led you to our website. In limited circumstances, depending on the search engine you are using, your browser may also send us the search terms you typed into the search engine that led you to our website. In addition, from time to time, we contract with different parties to manage our advertising on other sites. These parties may use technologies such as cookies to gather information automatically about your activities on a BrownCOW Technology website and other sites in order to provide you with advertising based upon your browsing activities and interests. BrownCOW Technology may also collect information using cookies and similar tracking technology. For more information, please see the section headed “Cookies and similar tracking technology” below. BrownCOW Technology processes this information in order to understand who visits our websites and which products and services are of most interest to them and to track proper use of the website and our Services. Our legal basis for processing this information is BrownCOW Technology’s legitimate interests in managing, operating, and promoting our business.
- Log Files. To improve our Services, site functionality, or for purposes of software troubleshooting, we gather certain information automatically and through support diagnostics (upon request). This information may include IP address, browser type, internet service provider (“ISP”), referring/exit page, operating system, system name, date/time stamp, click stream information, system settings, and/or event logs, among other systems related information. BrownCOW Technology processes this information in order to troubleshoot issues with our site functionality, software and provide technical support. Our legal basis for processing this information is BrownCOW Technology’s legitimate interests in improving our products, Services, site functionality, troubleshooting, and/or technical support.
- Call Records. We also log certain telephony information when we communicate with you over the telephone such as your phone number, time and date of calls, and duration of calls. Additionally, when you contact BrownCOW Technology, we may keep a record of your communication with us for training and quality assurance purposes. BrownCOW Technology processes this information in order to provide and improve Services and technical support. Our legal bases for processing this information are to perform a contract with you and/or take steps requested by you prior to entering into a contract; and our legitimate interests, which include improving Services, customer relations, and providing technical support.
This is information that third parties provide to us about you, as opposed to information we collect directly from you. The following are examples of information we receive about you from third parties:
- Information from Partners. We may also receive your name, organization name, address, telephone number, and/or email address, from third parties with whom we market our products or Services (i.e., a trade show, webinar, third-party advertisement, white paper) and/or to whom we distribute our products and Services. Where we have appropriate rights to do so we will process this information in order to contact potential customers. Our legal basis for processing this information is our legitimate interest in promoting our business to parties who have expressed an interest in BrownCOW Technology products or Services or products or services like those offered by BrownCOW Technology.
- Information from Social Media Platforms. If you choose to engage with BrownCOW Technology via a social media account or channel, we may receive certain information about you from your applicable social media provider. Exactly what information we might receive will depend on your social media privacy settings but will typically include your basic profile information and email address. We will process this information in order to understand how you engage with our Services. Our legal basis for processing this information is our legitimate interest in understanding how our Customers and prospective customers engage with our Services.
- Information from Applicants. We may also receive your name, organization name, telephone number, and/or email address, from an applicant seeking employment with BrownCOW Technology for purposes of contacting you for a professional reference. Our legal basis for processing this information is our legitimate interest in assuring that we hire the most qualified individuals for a particular role.
3. SECURING AND STORING YOUR PERSONAL INFORMATION
We understand that the security of your personal information is important. We provide appropriate administrative, technical, and physical security controls to protect your personal information. We use appropriate security measures on our websites and in our products and services to protect against the loss, misuse, and alteration of the information in our control. These security measures include the use of Secure Socket Layer (“SSL”), firewalls, intrusion detection and prevention, network monitoring, physical and site security, encryption, and passwords. The Internet, however, is an open environment and information may flow across various networks, some of which employ inadequate security measures, resulting in unauthorized access to information. Transmission of such information is therefore entirely at your own risk. While it is impossible to protect a website or an online product or service completely, BrownCOW Technology works hard to keep your information safe.
If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone, you should always log out before leaving a site or service to protect access to your information from subsequent users.
If we store the information you provide to us, we do so on our secure servers. Details relating to any transactions are transmitted using SSL technology.
BrownCOW Technology will not view the contents of the backup images or files you store using a BrownCOW Technology cloud product unless you request us to for technical support and then only if we are able. BrownCOW Technology and/or its products, however, may access file folder names, file extensions, file size information, and the like in order to deliver cloud products and associated technical support to you.
Encryption and Security Technologies. BrownCOW Technology employs the latest encryption and security technologies to help safeguard and monitor against unauthorized or malicious attacks. The highest levels of encryption are assured for both data-at-rest and in-motion.
4. SPECIAL CATEGORIES OF PERSONAL INFORMATION
BrownCOW Technology does not seek to collect or process sensitive personal information and takes affirmative action to avoid the inadvertent collection or processing of such information. If sensitive personal information is provided to BrownCOW Technology by a Customer (or you are acting on behalf of a Customer), BrownCOW Technology will process such information in order to provide its cloud products to the Customer and only as instructed by the Customer.
5. DISCLOSURES OF YOUR PERSONAL INFORMATION
We may disclose your personal information to the following categories of recipients:
- To our corporate affiliates, third-party service providers, and partners who process your personal information when assisting us in conducting our business, providing you with our products or Services, or offering our products or Services. These third parties may not use your information for purposes other than these.
- To any competent law enforcement body, regulatory, government agency, court, or other third parties where we believe such disclosure is necessary to (a) comply with the law, including an order of any competent court; (b) protect and defend the rights, interests or property of BrownCOW Technology or any other person (including in connection the enforcement of our agreements); (c) protect your safety or the safety of others; (d) detect, prevent, or otherwise address fraud, security or technical issues; (e) act in urgent circumstances or emergencies; or (f) provide the products or services we have agreed to provide to you or to those you have asked
to act on your behalf.
- To any other person, when you agree and consent to such sharing, or when disclosure is necessary to deliver the products or services you have contracted to receive from us.
6. INTERNATIONAL TRANSFERS
If you are an individual from the European Economic Area (EEA), the information that we collect from you, including personal information relating to you or Customer Relationship Information that we process in providing a Service, may be transferred to and processed by, BrownCOW Technology’s corporate affiliates and service providers outside the EEA for the purposes described in this Policy. Our corporate affiliates and service providers operate around the world.
These affiliates and service providers may be based in territories whose data protection laws are different from those of the country or region in which you are based, but we will always protect your personal information in accordance with this Policy. In addition, we will protect transfers to countries outside the EEA with appropriate safeguards, such as using standard contractual clauses adopted or approved by the European Commission or by certification with the US-EU and/or US-Switzerland Privacy Shield regime.
Further details can be provided upon request.
7. YOUR LEGAL RIGHTS
If you are a resident of the EEA you have the following data protection rights with regard to the processing of your personal information:
- The right to access your personal information is processed by BrownCOW Technology.
- The right to rectification of personal information held by BrownCOW Technology where it is incomplete or inaccurate.
- The right, in some circumstances, to erasure (“right to be forgotten”) personal information.
- The right, in some circumstances, to restrict BrownCOW Technology’s processing of your personal information.
- The right to lodge a complaint with a supervisory authority concerning our processing of your personal information.
- To the extent BrownCOW Technology’s processing of your personal information is based on consent, the right to withdraw such consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- The right to object to BrownCOW Technology’s processing of your personal information where such processing is based on legitimate interests.
- The right to opt-out of BrownCOW Technology’s processing of your personal information for direct marketing purposes.
- Where certain conditions are met, the right to have your personal information provided in a machine-readable format and that you may transmit to another controller.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
You can exercise any of the above rights at any time by contacting us using the details in Section 16 below.
BrownCOW Technology uses cookie technology (“Cookies“) to collect and use personal information about you, including to serve interest-based advertising.
A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to recall Personal Data previously indicated by a web user. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and shopping cart contents. Other cookies, often placed by our partners or other third parties, are used for analytics, marketing, or advertising.
Cookies, as well as other tracking technologies, such as HTML5 local storage, Local Shared Objects (such as “Flash” cookies), web beacons, and similar mechanisms, may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed.
Cookies used for analytics may use non-Personal Data that is not directly linked to you. We use analytics technologies to improve our Site and Services.
Users are advised that if they wish to deny the use and saving of cookies from the Site onto their computer’s hard drive, they should take necessary steps within their web browser’s settings to block all cookies from the Site and its external serving vendors. Please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Site. For information on how to disable cookies, refer to your browser’s documentation.
9. THIRD-PARTY SITES
From time to time, our website may contain links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. We recommend and encourage that you always review the privacy policies of third parties before you provide any personal information or complete any transaction with such parties.
10. SOCIAL MEDIA
11. ACCESSING AND UPDATING YOUR INFORMATION
BrownCOW Technology gives you access to a range of information about your account and your interactions with BrownCOW Technology. If you are a user of a BrownCOW Technology web portal, you can view much of the information we have about you. You can also write to us at email@example.com to obtain the information we have about you, as well as change, update or request deletion of that information. To protect your privacy and security, we may require that you complete certain steps to verify your identity before granting you access to your information.
12. COLLECTION AND USE OF CHILDREN’S PERSONAL INFORMATION
BrownCOW Technology does not knowingly collect personal information from children under the age of 18. If BrownCOW Technology learns that we have collected personal information on a child under the age of 18, we will delete that information from our systems. We encourage you to talk with your children about communicating with strangers and disclosing personal information online.
13. DATA RETENTION
Please note that we need to retain certain personal information about you and our Customers where we have an ongoing legitimate business need to do so. This for example might include providing you or our Customer with a Service you have requested, to comply with legal or other internal business requirements, such as fraud prevention and accounting purposes. In addition, we retain backup images that our enterprise customers store with us through our cloud products for the duration they instruct.
We will retain and use personal information as necessary to comply with our legal obligations, resolve disputes, protect rights and enforce our agreements. Although it is not always possible to delete all instances of an individual’s personal information from all backup media, our backup media is protected by robust physical security measures, as well as encryption, and is disposed of securely when the media is retired.
14. COMMUNICATIONS PREFERENCES
If you do not wish to receive certain communications from BrownCOW Technology, you may send an email to the email address for your geographical region identified in Section 16 below to tell us which communications you prefer. Alternatively, you can click on the unsubscribe link that is included in any promotional or marketing e-mails that we may send to you from time to time.
15. MODIFICATIONS TO THIS POLICY
We reserve the right to modify this Policy at any time. If we make any material changes to this Policy, we will endeavor to provide you with advance notice of this, for example by posting a notice on our website or (where appropriate) through more direct means, such as e-mail. Your continued use of any portion of this website after the “last updated” date, which is the effective date of any such changes, will constitute your acceptance of those changes. Please check our websites for the most current version.
16. HOW TO CONTACT US
Please contact us in writing at BrownCOW Technology, 9435 Waterstone Blvd. Suite 140, Cincinnati, OH 45249, Attn: Legal or by e-mail at firstname.lastname@example.org
If you are a resident of the EEA BrownCOW Technology is the data controller of your personal data (other than any personal information contained within Backup Information that BrownCOW Technology hosts on behalf of its Customers, in respect of which the relevant Customer or its customer is the data controller). You can contact BrownCOW Technology using the details provided above.
(A) Information you provide voluntarily
(B) Information we collect automatically
(C) Information we receive from third parties
Last updated: October 12, 2021