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Effective URL: https://www.pcloud.com/cloud-storage-pricing-plans.html
Submission: On December 02 via manual from HK — Scanned from DE
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1. OVERVIEW
pCloud values your privacy. We have prepared this Privacy Policy to explain how
we collect, use, protect, and disclose information and data when you use the
pCloud website located at https://www.pcloud.com and any pCloud mobile
applications ("Site") or pCloud services ("Services").
This Privacy Policy also explains your choices for managing your information
preferences, including opting out of certain uses of your Personal Information
(as defined below). The Policy applies to all pCloud services and any associated
services (referred to as the ‘pCloud’). The terms governing your use of the
pCloud Service are defined in our Terms of service (the “Terms and Conditions”).
The Site is operated by pCloud AG, Switzerland (hereinafter referred to as
"pCloud", "we", "us" and "our"). For the purposes of applicable European Union
data protection legislation, we are the data controller.
2. WHAT PERSONAL DATA DO WE COLLECT?
PERSONAL DATA PROVIDED BY YOU
* Personal data about you upon registration - You will be asked to provide your
email address to establish an Account.
* Personal data that you choose to provide us to obtain additional Services or
specific online Services – If you request to participate in an optional Site
feature, or request enhanced Services or other elective functionality, we may
collect additional information from you.
We will provide you with a separate notice at the time of collection, if the use
of that Personal Data differs from the uses disclosed in this Privacy Policy.
PERSONAL DATA AS YOU USE OUR SITE OR SERVICES
We will collect information about you as you use the Site or Service, such as
your IP address, browser type and version, operating system, referral source and
device information.
Through tracking services, we will collect information about you such as length
of visit, page views and navigation paths, as well as information about the
timing, frequency and pattern of your usage, operating system, device
information, behavior, visited pages, etc. This anonymous information can not be
identified directly with you.
We collect information about purchases you've made through our Site or Services,
such as product type, subscription type, date of purchase, etc.
PERSONAL DATA ABOUT YOU IF YOU VISIT AS A GUEST
Certain limited Services are available without being required to log in to or
establish an Account, also referred to as Guest Usage. Such is visiting our
trade site, accessing a download or upload link and others. We will collect
information about you such as length of visit, page views and navigation paths,
as well as information about the timing, frequency and pattern of your service
usage, operating system, device information, behavior, visited pages. This
anonymous information can not be identified directly with you.
PERSONAL DATA ABOUT YOU FROM THIRD-PARTY SOURCES
* Personal Data from payment processors: we will collect information about you
from payment providers when you purchase products offered on the Site or
Service. Information varies per payment providers but might include: your IP
address, country, email, post code, name, last four digits of your card.
* Personal Data about your friends and contacts – It may be easier to share
content with your friends and contacts if you provide their email addresses
while using the Service or if you connect your contact list or friend list to
your Account. If you choose to connect your contact list information on your
device with your Account and/or establish an account connection between a
social media platform and your Account, we will collect and use your contact
list or friend list information to show suggestions when you want to share
content from your pCloud with someone.
* Personal Data from your accounts for other services - You have the option to
back up content from various services you use. In this case you will be asked
to authorize access to your third party services' accounts. Upon this event
we might receive various Personal Data about you, depending on the named
service's Privacy Policy.
* Personal Data about you when you register with third party services - When
you choose to establish an Account at pCloud with a third party service, we
might receive information about you such as name, language, gender and other,
depending on the access permissions you allow.
MORE INFORMATION ON CARD DETAILS STORING
We are legally obligated to secure your consent to allow us to store your card
details for future use. As per our policy, we cannot process your payment before
you agree to such storing.
* How long will card details be stored?
Your card details will be stored for as long as you are subscribed to
pCloud's "Paid Services".
* How will my stored card details be used?
Your card details will be used only for your subscription to pCloud's "Paid
Services" and to automatically renew it until it's explicitly cancelled.
* Can these terms change?
Please refer to paragraph "Updates or Changes in Processing" of this Privacy
Policy for information regarding changes of these terms.
OTHER INFORMATION WE COLLECT RELATED TO YOUR USE OF OUR SITES OR SERVICES
We may collect additional information from or about you when you communicate
with us, contact our customer support teams or respond to a survey.
3. WHY DO WE RETAIN PERSONAL DATA?
We retain Personal Data in an identifiable format for the least amount of time
necessary to fulfill our legal or regulatory obligations and for our business
purposes. We may retain Personal Data for longer periods than required by law if
it is in our legitimate business interests and not prohibited by law. If your
Account is closed, we may take steps to mask Personal Data and other
information, but we reserve our ability to retain and access the data for so
long as required to comply with applicable laws. We will continue to use and
disclose such Personal data in accordance with this Privacy Policy.
4. HOW DO WE PROCESS PERSONAL DATA?
We may Process your Personal Data for a variety of reasons that are justified
under data protection laws in the European Economic Area (EEA) and Switzerland.
To operate the Sites and provide the Services, including to:
* initiate a payment
* authenticate your access to Account.
* communicate with you about your Account, the Sites, the Services, or pCloud.
* create an account connection between your Account and a third-party account
or platform.
For our legitimate interests, including to:
* enforce the terms of our Sites and Services;
* manage our everyday business needs, such as monitoring, analyzing;
* anonymize Personal data in order to provide aggregated statistical data to
third parties, including other businesses and members of the public, about
how, when, and why Users visit our Sites and use our Services.
* to manage our business needs, such as monitoring, analyzing, and improving
the Services and the Sites’ performance and functionality.
* to manage risk and protect the Sites, the Services and you from fraud by
verifying your identity, and helping to detect and prevent fraud and abuse of
the Sites or Services.
* to comply with our obligations and to enforce the terms of our Sites and
Services, including to comply with all applicable laws and regulations.
With your consent, including to:
* to market to you by delivering marketing materials about pCloud products and
online Services. We may also Process your Personal Data to tailor certain
Services or Site experiences to better match our understanding of your
interests.
* to provide personalized Services offered by pCloud on third-party websites
and online services. We may use your Personal Data and other information
collected in accordance with this Privacy Policy to provide a targeted
display, feature or offer to you on third-party websites. We may use tracking
technologies to provide these online services and/or work with other
third-parties such as advertising or analytics companies to provide these
online services.
* to respond to your requests, for example to contact you about a question you
submitted to our customer service team.
You can withdraw your consent at any time and free of charge. Please refer to
the section on “Your Privacy Choices” for more information on how to do that.
5. DO WE SHARE PERSONAL DATA?
We may share your Personal Data or other information about you with others in a
variety of ways as described in this section of the Privacy Policy. We may share
your Personal Data or other information for the following reasons:
* with payment providers in order to initialize a payment process - personal
data necessary to facilitate the transaction;
* with third party services monitoring the proper functioning of the service -
Anonymous data and performance analytics to help us enhance Users’
experiences.
We may share information about you with other parties for pCloud’s business
purposes or as permitted or required by law, including:
* if we need to do so to comply with a law, legal process or regulations;
* to law enforcement authorities or other government officials, or other third
parties pursuant to a subpoena, a court order or other legal process or
requirement applicable to pCloud;
* if we believe, in our sole discretion, that the disclosure of Personal Data
is necessary or appropriate to prevent physical harm or financial loss or in
connection with an investigation of suspected or actual illegal activity;
* to protect the vital interests of a person;
* to investigate violations of or enforce a user agreement or other legal terms
applicable to any Service;
* to protect our property, Services and legal rights;
* to facilitate a purchase or sale of all or part of pCloud’s business;
* to help assess and manage risk and prevent fraud against us, our Users and
fraud involving our Sites or use of our Services, including fraud that occurs
at or involves our business partners, strategic ventures, or other
individuals, and merchants;
* to companies that we plan to merge with or be acquired by; and
* to support our audit, compliance, and corporate governance functions.
With your consent:
* We share your Personal Data and other information with your consent or
direction, including if you authorize an account connection with a
third-party account or platform.
* We share your Personal Data with advertising and analytical companies to
deliver information relevant to you about new features and offers.
Profile Information You Make Available to Others:
* By using the Site or the Services you may make certain of your Personal
Information available to others. For example, your email address will be
visible when you share a file or a folder with another user of the Site or
Services. You should therefore ensure that any person who you share a file or
folder with is someone who you are happy to share your email address with.
In addition, pCloud may provide aggregated statistical data to third-parties,
including other businesses and members of the public, about how, when, and why
Users visit our Sites and use our Services. This data will not personally
identify you or provide information about your use of the Sites or Services.
We do not share your Personal Data with third parties for their marketing
purposes.
6. SELLING DATA TO THIRD PARTIES
We do not, have not and do not have any future plans to sell your personal
information to third parties.
7. AUTOMATED DECISION MAKING AND PROFILING
We use the information about you and your usage of the service:
* to send you automated messages or notifications relevant to your user
experience.
* to run usability and A/B tests to help us improve our service.
8. PROCESSING IN THE EU AND THE US
You may choose to store your information on secure servers in the European Union
or the United States. If you choose to store your information in the United
States you are causing your Personal Data to be transferred to our servers
located in the United States. The laws of the United States may not be as
protective of your privacy as those of the European Union. Furthermore, if you
are outside the United States and the European Union, the laws of these
jurisdictions may not be as protective of your privacy as the laws of your
location. You can change where your data is stored, and choose to have your data
stored in the European Union or the United States, by using the options
available in your account settings. By using our Site or Services and submitting
Personal Information via the Site, you understand that the collection, use,
transfer, and disclosure of your Personal Data shall be governed by applicable
laws in the European Union and United States.
9. HOW DO WE USE COOKIES AND TRACKING TECHNOLOGIES?
We use cookies (a small text file placed on your computer to identify your
computer and browser) on the Site. We use cookies to improve the experience of
the Site and Services, such as pre-populating your username for easier login and
preserving your user session. We do not use cookies to collect Personal
Information. Most web browsers are initially set up to accept cookies. You can
reset your web browser to refuse all cookies or to indicate when a cookie is
being sent, however, certain features of the Site or Services may not work if
you delete or disable cookies. You can also learn more about cookies by visiting
www.allaboutcookies.org which includes additional useful information on cookies
and how to block cookies using different types of browser. pCloud's cookies are
automatically deleted after 1 year.
10. DO WE PROCESS SPECIAL CATEGORIES OF PERSONAL DATA?
pCloud does not process any personal data revealing racial or ethnic origin,
political opinions, religious or philosophical beliefs, or trade union
membership, and the processing of genetic data, biometric data for the purpose
of uniquely identifying a natural person, data concerning health or data
concerning a natural person’s sex life or sexual orientation.
11. WHAT PRIVACY CHOICES ARE AVAILABLE TO YOU?
At pCloud, we want to give you maximum control over your personal data. Learn
here how you can manage your information.
12. WHAT ARE YOUR RIGHTS?
In this section, we have summarized the rights that you have under data
protection law. For a more detailed explanation of your rights, please refer to
the relevant laws and guidance from the regulatory authorities.
The right to be informed
pCloud’s Privacy Policy describes our practices in detail using simple language.
Everything you need to know is here. If you have more questions, feel free to
contact us at privacy@pcloud.com.
The right to rectification
If you believe we have the wrong data about you, or that your data is
incomplete, feel free to change it at any time through your Account settings.
Learn here how you can manage your information.
The right to erasure
When you delete your pCloud account your data and files are deleted from your
devices without undue delay.
The right to restrict processing
You can temporary restrict the processing of your data by suspending your
account. Suspended accounts are kept for 3 months, unless specifically stated
otherwise. During this period the account can be restored at any time and
information or files will be lost. At the end of the period non-restored
accounts are deleted automatically and information is deleted. Contact us at
privacy@pcloud.com to request account suspensions by stating your reasons.
The right to data portability
Contact us at privacy@pcloud.com to request a copy of the data we store about
you. Once it is ready, you will receive the file via email.
The right of access
Read our privacy policy for details about what data is processed by us. Contact
us at privacy@pcloud.com if you have further questions.
The right to object
On top of the ability to opt out of processing by changing your settings, you
can object to the processing of certain forms of data, as described in Privacy
Options. Contact us at privacy@pcloud.com if you have further questions.
The right to appeal automated decisions and profiling We may make an automated
decision to block a user, in case we suspect this user is using our services for
illegal acts or acts that violate our terms of use. If you believe that your
account was unlawfully blocked, you can contact our support team.
The right against discrimination
If you’re a resident of California, United States, you have the right not to
receive discriminatory treatment by us for the exercise of your privacy rights
conferred by the California Consumer Privacy Act (CCPA).
Note that filing multiple claims might be subject to a fee, not exceeding 10
GBP.This does not apply for requests made under the Brazillian LGPD (Lei Geral
de Proteção de Dados).
13. HOW DO WE PROTECT YOUR PERSONAL DATA?
We maintain technical, physical, and administrative security measures designed
to provide reasonable protection for your Personal Data against loss, misuse,
unauthorised access, disclosure, and alteration. The security measures include
firewalls, data encryption, physical access controls to our data centres, and
information access authorisation controls. While we are dedicated to securing
our systems and Services, you are responsible for securing and maintaining the
privacy of your password(s) and Account/profile registration information and
verifying that the Personal Data we maintain about you is accurate and current.
We are not responsible for protecting any Personal Data that we share with a
third-party based on an account connection that you have authorised.
In the unlikely event that a security breach which affects individuals’ rights
and freedoms is discovered, according to our risk assesment policy, pCloud will
inform those individuals without undue delay.
14. CAN CHILDREN USE OUR SERVICES?
The Site and Services are intended for users who are 18 years old or older. We
do not knowingly collect Personal Information from children under the age of 18.
If we become aware that we have inadvertently received Personal Information from
a child under the age of 18, we will delete such information from our records.
15. UPDATES OR CHANGES IN PROCESSING
If we wish to use your personal data for a new purpose, not covered by this
Privacy Policy, then we will provide you with a new notice explaining this new
use prior to commencing the processing and setting out the relevant purposes and
processing conditions. Where and whenever necessary, we will seek your prior
consent to the new processing.
We keep this Privacy Policy under regular review and we will place any updates
on this web page https://www.pcloud.com/privacy_policy.html.
In other circumstances, if we decide to change this Privacy Policy, we will
inform you by posting the revised Privacy Policy on the Site. Those changes will
become effective on the revision date, shown in the revised Privacy Policy. Your
continued use of our Site or Services constitutes your consent to the revised
Privacy Policy.
16. CONTACT US
You may contact us if you have general questions or concerns about this Privacy
Policy and supplemental notices or the way in which we handle your Personal
Data.
Our Data Protection Officer can be contacted at privacy@pcloud.com
17. DEFINITIONS
Account means a pCloud member account.
Device Information means data that can be automatically collected from any
device used to access the Site or Services. Such information may include, but is
not limited to, your device type; your device’s network connections; your
device’s name; your device IP address; information about your device’s web
browser and internet connection you use to access the Site or Services;
Guest Usage means a person’s Use of the Services without logging into and/or
establishing an Account.
pCloud means pCloud AG, LTD and subsidiaries or affiliates. In this Privacy
Policy, pCloud is sometimes referred to as “we,” “us,” or “our,” depending on
the context.
Personal Data means information that can be associated with an identified or
directly or indirectly identifiable natural person. “Personal Data” can include,
but is not limited to, name, telephone number, email address, date of birth.
Process means any method or way that we handle Personal Data or sets of Personal
Data, whether or not by automated means, such as collection, recording,
organisation, structuring, storage, adaptation or alteration, retrieval, and
consultation, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure or destruction of
Personal Data.
Services means any products, services, content, features, technologies, or
functions, and all related websites, applications and services offered to you by
pCloud with an Account or Guest Usage.
Sites means the websites, mobile apps, official social media platforms, or other
online properties through which pCloud offers the Services and which has posted
or linked to this Privacy Policy.
Technical Usage Data means information we collect from your phone, computer or
other device that you use to access the Sites or Services. Technical Usage Data
tells us how you use the Sites and Services, such as what you have searched for
and viewed on the Sites and the way you use our Services, including your IP
address, statistics regarding how pages are loaded or viewed, the websites you
visited before coming to the Sites and other usage and browsing information
collected through Cookies.
User means an individual who uses the Services or accesses the Sites and has
established a relationship with pCloud (for example, by opening an Account and
agreeing to the pCloud Terms of Service) or otherwise uses the Services for
Guest Usage.
Revised: 10 August 2020
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