Safe Harbor Privacy Policy
Added 11/1/06
Carbonite respects individual privacy and values the confidence of its customers, business partners and others who may use our services. Not only do we strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which we do business, but we also aim to uphold the highest ethical standards in our business practices. This Safe Harbor Privacy Policy (the "Policy") sets forth the privacy principles that Carbonite follows with respect to transfers of personal information between the United States and member states of the European Union, Iceland, Liechtenstein and Norway (the European Economic Area).
Safe Harbor
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, Carbonite adheres to the Safe Harbor Principles.
Scope
This Safe Harbor Privacy Policy (the "Policy") applies to all personal information received by Carbonite in the United States in any format including electronic, paper or verbal.
Definitions
For purposes of this Policy, the following definitions shall apply: "Carbonite" means Carbonite, Inc., its predecessors, and successors. "Personal information" means any information or set of information that identifies or could be used by Carbonite or its agents to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information. "Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, Carbonite will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
Privacy Principles
The privacy principles in this Policy are based on the Safe Harbor Principles.
- NOTICE: Where Carbonite collects personal information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which Carbonite discloses that information, and the choices and means, if any, Carbonite offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Carbonite, or as soon as practicable thereafter, and in any event before Carbonite uses the information for a purpose other than that for which it was originally collected.
- CHOICE: Where Carbonite collects personal information directly from individuals in the EEA, Carbonite will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive personal information, Carbonite will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Carbonite will provide individuals with reasonable mechanisms to exercise their choices.
- ONWARD TRANSFERS TO AGENTS: Carbonite will obtain assurances from its agents that they will safeguard personal information consistent with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding. Where Carbonite has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Carbonite will take reasonable steps to prevent or stop the use or disclosure.
- SECURITY: Carbonite will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
- DATA INTEGRITY: Carbonite will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Carbonite will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
- ACCESS: Upon request, Carbonite will grant individuals reasonable access to personal information that it holds about them. In addition, Carbonite will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
- ENFORCEMENT: Carbonite will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Carbonite determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
Dispute Resolution
Any questions or concerns regarding the use or disclosure of personal information should be directed to Carbonite at the address given below. Carbonite will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Carbonite and the complainant, Carbonite has agreed to participate in the dispute resolution procedures established by BBB OnLine to resolve disputes pursuant to the Safe Harbor Principles.
Carbonite Contact information
If you have any questions or comments, please contact us at safeharbor@carbonite.com. Although we strongly prefer email communication, you may also send regular postal mail to:
Carbonite
334 Boylston St -
3rd floorBoston,
MA 02116 Changes to this Safe Harbor Privacy Policy
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. Appropriate public notice will be given concerning material amendments or changes to this Policy.