Skytap, Inc. Privacy Policy

September 16, 2016

Skytap considers your privacy paramount, and we take great care in keeping the information of our users private and secure. This Privacy Policy describes our policies and procedures regarding the information that we collect when you use our services and website (the “Services”), as well as how we use, disclose, protect and share your information. This Privacy Policy does not apply to third party services that are not under Skytap’s control; those parties’ services are governed by their own privacy policies. By using the Services, you acknowledge and consent to the collection, processing and disclosure of information as described in this Privacy Policy.

EU-U.S. Privacy Shield

Skytap participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework.  Skytap is 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. (https://www.privacyshield.gov/list)

Skytap is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to third parties acting as an agent on its behalf.  Skytap complies 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, Skytap is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission (AND/OR the U.S. Department of Transportation).  In certain situations, Skytap 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 [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

Personal Information

“Personal Information” is information about you that is personally identifiable. The Personal Information collected may include items from registrations and transactions (such as name, title, address, company, phone number and email address.

Passive Collection

As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

Purposes

We collect and use Personal Information for the following purposes: to improve the Services, to contact customers, to market our products and services, to collect and handle feedback, to improve customer service, to comply with applicable laws and legal processes, to enforce our terms and conditions, to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others, and to allow us to pursue available remedies or limit any damages that we may sustain.

Visitor Identification and Collection of Personal Information

We may collect Personal Information from users in a variety of ways, including, but not limited to, when you visit our website, place an order, subscribe to our newsletter, and in connection with other activities, services, features or resources we make available through the Services.

If you submit any Personal Information relating to individuals authorized to use your account, such as employees or contractors, please do so only if you have secured permission to do so. If you have not secured permission, please do not submit to Skytap the Personal Information of any individual.

We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you.  This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you.  This can include purchased marketing data about our customers from third parties that is combined with information we already have about you, to create more tailored advertising and products.

Cookies

We, and our partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

Below is a list of the different types of cookies used on this site, and an explanation of what they are used for.  If you would like any more information, please contact us by one of the methods listed below.

  • Strictly Necessary Cookies: These cookies are necessary for the website to function. They are usually only set in response to actions made by you which amount to a request for services, such as logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
  • Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
  • Functionality Cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
  • Targeting Cookies: These cookies may be set through our site by us or our advertising partners. They may be used to build a profile of your interests and show you content in which you may be interested. They do not store any personally identifiable information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted content.

Disclosure of Personal Information

Skytap may disclose Personal Information in the following ways:

  • If you elect to purchase third party applications, we may share Personal Information with companies who provide those applications. In those cases, we encourage you to review and understand the terms and conditions and privacy policies of those third parties, over whom we have no control.
  • We may disclose generic aggregated demographic information not linked to any Personal Information regarding visitors and users to our business partners, trusted affiliates and advertisers.
  • We may use third party service providers to help us operate or administer the Services, such as sending out newsletters or surveys. We may share Personal Information with these third parties for the purpose of implementing these types of marketing campaigns.
  • We may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  • As we believe to be necessary or appropriate, we may disclose Personal Information: (a) under applicable laws, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • In certain situations, Skytap may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements

Retention of Personal Information

Skytap has the right, but not the obligation, to retain and use such information stored in our databases and other information obtained from your current or previous interactions with the Services for a reasonable period of time, not exceeding any legal requirements or limitations, to resolve disputes, troubleshoot problems and enforce Skytap’s rights and the terms and conditions of this Privacy Policy.

How we Protect your Information

Skytap has adopted reasonable administrative, technical, and physical security measures to protect Personal Information against loss, theft, unauthorized access, alteration, disclosure or destruction. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, Skytap uses standard security protocols and mechanisms to facilitate the exchange and the transmission of data. We do not process Personal Information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual.

In the event that Personal Information is acquired by an unauthorized person and applicable law requires notification, we will notify the affected individual of the breach by email or, if Skytap is unable to contact the individual by email, then by regular mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for Skytap or law enforcement to determine the scope of the breach and to ensure or restore the integrity of the data system. Skytap may delay notification if we or a law enforcement agency determines that the notification will impede a criminal investigation, and in such case, notification will not be provided unless and until we or the agency determines that notification will not compromise the investigation.

Choices and Access

Skytap provides you with choices about the use and disclosure of the Personal Information for marketing purposes. You may opt out of the following:

  • Receiving electronic communications from us: If you do not wish to receive promotional emails from us, you may use the unsubscribe option contained in our emails.
  • Our sharing of your Personal Information with our affiliates: If you do not wish that we share your Personal Information with our affiliates for their direct marketing purposes, you may opt out by contacting us at unsubscribe@skytap.com.
  • Access to Personal Information: Skytap acknowledges that you have the right to access your personal information. Upon request, Skytap will provide you with information about whether we hold any of your Personal Information. You may update your Personal Information by editing your user information in the Services. If your Personal Information changes, or if you no longer desire information about our Services, you may have your Personal Information updated or removed from our records by emailing unsubscribe@skytap.com or by contacting us by telephone or postal mail at the contact information listed below.
  • Third Party Advertising: We partner with third parties to manage our advertising on other sites. Our third party partners may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here (or if located in the European Union click here). Please note you will continue to receive generic ads.

Skytap will attempt to comply with your request(s) as soon as reasonably practicable. Please also note that if you opt out of receiving marketing-related messages from us, we may still send you important administrative messages regarding our Services, from which you cannot opt out.

Collection and processing of Personal Information is based on your consent given by accessing and using the Services. However, you may at any time exercise your right to have incomplete, incorrect, unnecessary or outdated Personal Information deleted or updated by contacting Skytap. Please note that by requesting Skytap to delete your Personal Information, we may not be able to provide you the Services you have inquired about or ordered.

Processor Disclosure

The use of information collected through our Services shall be limited to the purpose of providing the service for which the Client has engaged Skytap.

Skytap collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Skytap’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe.  We may transfer personal information to companies that help us provide our Services. Transfers to subsequent third parties are covered by the service agreements with our Clients.

We will retain personal data we process on behalf of our Clients for as long as needed to provide Services to our Client. Skytap will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Mobile App Disclosure

When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).

We may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

Call Recording

As part of our commitment to providing the best possible service to our customers, we may record telephone calls to our sales development team.

We record calls:

  • For staff training purposes, to help us improve our Services and to ensure the information we provide is consistent and accurate.
  • To ensure we have an accurate record of your call, which may be needed to support any transactions that take place.
  • For quality assurance purposes.

Changes to this Privacy Policy

Skytap may change, modify or update this Privacy Policy at any time. When we do, we will revise the date at the top of this page. If we make any material changes, we will notify you by email (sent to the email address specified in your acount) or by means of a notice on this website prior to the change becoming effective. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the Personal Information we collect. If you continue to use the Services, you acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of any modifications.

Contacting Skytap

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at privacy@skytap.com.

Written inquiries may be addressed to:

Skytap, Inc.
Information Security Manager
719 2nd Avenue, Suite 800
Seattle, WA 98104
(206) 866-1162