Last Updated: November 3, 2023
Effective Date: November 25, 2023

OVERVIEW

THIS IS THE PRIVACY POLICY FOR CYCLONIS LIMITED, A FORMER COMPANY INCORPORATED UNDER THE LAWS OF IRELAND WITH COMPANY REGISTRATION NUMBER 574974, WHOSE REGISTERED OFFICE IS 3 CASTLE STREET, DUBLIN 2, IRELAND WHICH HAS HAD ITS BUSINESS INTERESTS MERGED INTO ENIGMASOFT LIMITED, WHO'S REGISTERED OFFICE IS 1 CASTLE STREET, 3RD FLOOR, DUBLIN 2 D02 XD82 IRELAND  ("WE", "US", OR "OUR"). ENIGMASOFT LIMITED HAS BY VIRTUE OF THE MERGER ACQUIRED ALL RIGHTS, TITLES, AND USE OF THE PROPERTIES OF CYCLONIS LIMITED, INCLUDING ALL PRODUCTS AND INTELLECTUAL PROPERTIES. FOR THE CONVENIENCE AND EASE OF USERS AND/OR SUBSCRIBERS ENIGMASOFT LIMITED WILL CONTINUE TO USE IN THIS DOCUMENT AND GOING FORWARD BUSINESS OPERATIONS THE "CYCLONIS" NAMES, LABELS, DESIGNATIONS, CONTACTS, LINKS, PRODUCT NAMES, LOGOS, DESIGNS, AGREEMENTS (AS MAY BE AMENDED), ETC. PER THE MERGER TERMS. ENIGMASOFT LIMITED WILL ASSUME THE RESPONSIBILITIES AND COMMITMENTS OF CYCLONIS LIMITED AND WILL DELIVER AND STAND BEHIND THE PRODUCTS OF CYCLONIS LIMITED ON A GOING-FORWARD BASIS, EFFECTIVE AS OF NOVEMBER 25, 2023. THIS PRIVACY POLICY APPLIES TO THE PRODUCTS, SERVICES, SOFTWARE, APPS, AND RELATED TECHNOLOGY THAT WE OFFER, INCLUDING THE USE AND ACCESS OF OUR WEBSITE(S), PROCESSING ANY NECESSARY PAYMENTS, AND THE PROVISION OF CUSTOMER SUPPORT (TOGETHER THE "PRODUCTS").

Our Products:

We collect information in order to operate efficiently and provide you with the full use of and access to our Products. We are committed to maintaining robust privacy protections when you purchase, use and access our Products. This Privacy Policy is designed to help you understand how we collect, use and safeguard your information.

If you are resident in the European Economic Area, Cyclonis Limited is a data controller responsible for your personal information.

1. WHAT INFORMATION DO WE COLLECT ABOUT YOU?

To enable your use and access of our Products, we collect the following kinds of personal information in different ways:

A. Directly from you

We collect certain information from you when you provide it directly to us:

B. From third parties

We may collect certain information about you from you and/or from third parties, as set out below. This information will be processed in accordance with this Privacy Policy.

C. Automatically collected information

When you access or use our Products, you automatically provide us and/or one of our affiliated companies or trusted partners, such as our payment service providers, vendors, or business partners with certain types of personal information.  We automatically collect the following personal information from users:

As noted in our EULA/TOS and this Privacy Policy, we require users to be of proper legal age, and our practice is not to sell or improperly share the personal information of consumers under 16 years of age.

2. HOW DO WE USE THIS INFORMATION?

We use your personal information for the purposes described below, except where required by law. In doing so, we rely on a number of separate and overlapping legal bases to lawfully process your personal information. 

We process your personal information where necessary to carry out our contractual obligations to you. In particular, we process your personal information to:

3. SHARING YOUR PERSONAL INFORMATION WITH THIRD PARTIES

We will only share the information we collect from you with third parties only in the ways that are described in this Privacy Policy. Although we naturally share your personal information with our affiliated companies and trusted business partners to enable us to provide you with an array of quality products and to improve our products, as described further in this Privacy Policy, we do not sell your personal information to third parties as we understand the meaning of sell in this context and its typical usage.

The information we collect from you may be transferred to our affiliated companies, trusted business partners and/or third parties as described in this Privacy Policy and in connection with operating the Products, providing the related services and operating our business. It may also be processed by these third parties and/or by our and their respective employees and service providers. We take steps to ensure that these third parties only process data in accordance with our instructions, and take appropriate security measures to protect your data.

By submitting your information, you agree to this sharing, storing and/or processing of your personal information by us.

We may disclose your information to the following third parties:

Where required or authorised by law, we reserve the right to release personal information without your consent and/or without consulting you, when we believe that this is appropriate to comply with our legal obligations, to protect the security of our Products, systems and related technologies, to prevent and minimise the effects of fraud, and otherwise to protect our legitimate interests and/or the legitimate interests of our staff, users or members of the public.

When using our Products, you may be redirected via a link to third party websites. Your use of these websites and any associated services will be subject to these third parties’ terms of use, privacy policies, legal requirements, cookie policies and/or other policies. Please review the specific privacy policy and terms of conditions of these websites, as we are not responsible for them.

For example, by using features in our application that allow you to share content you have created within the app, or in any way related to YouTube, our application will use YouTube API Services on your behalf and you agree to be bound to YouTube's terms of service as found here: https://www.youtube.com/t/terms. The data you provide to YouTube is governed by Google's privacy policy, which can be found here: http://www.google.com/policies/privacy. You may revoke our access to interacting with the YouTube API Services on your behalf at any time by following the instructions outlined here: https://security.google.com/settings/security/permissions.

4. ADVERTISING

You always have a choice as to whether or how you interact with an advertisement (for example, by clicking to learn more about an offer). During use or access, our Products or services may show you ads for our other Products or services and discounts or offers as well as those offered by our affiliated companies or trusted business partners. We may also place ads for our Products or those offered by our affiliated companies or trusted business partners on various third party websites and platforms, and, as a result, you may see ads for our Products when visiting, for example, Google, YouTube, Facebook, and/or a variety of other websites and platforms. We may ask the proprietors of these websites/platforms to present our ads to particular demographic groups, for example, women over 25 years of age, or all visitors to a website who are in Ireland or another geographical location. The third party websites/platforms may use information they already have about the user, or may place cookies or similar tracking technologies in the user's browser, in order to decide what ads the user will see, including potentially our ads. If you wish to opt out of interest-based advertising and you are located in the European Union, please visit the following URL: https://www.youronlinechoices.eu. If you are located anywhere else, please visit the following URL: https://preferences-mgr.truste.com. You will still see ads but the ads you see will likely be less relevant to you and your interests. If a user has any questions or concerns about the ads they see on any of these third party websites/platforms or if they have questions generally about the privacy practices of those sites, we encourage them to consult the privacy policies of those sites or enquire with the proprietors of those sites.

5. SECURITY AND PROTECTION OF YOUR INFORMATION

We will store information you provide to us on what we believe to be secure servers and will maintain appropriate technical and organisational measures to protect against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to your information. We will provide a level of security that is proportionate to the risks that are presented by the processing activity, having regard to the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing.

While we maintain appropriate technical and organisational measures to protect the security of your information, you should be aware of the many information security risks that exist and take appropriate care to help safeguard your information. The nature of the Internet is such that we cannot guarantee the security of the information you transmit to us electronically, and any such transmission is at your own risk.

We also rely on you to maintain the security of your account(s) with us. You are responsible for safeguarding your account(s) by keeping secure all of your account information and passwords.

Due to the security features of the Cyclonis Password Manager Product, we do not have access to your Cyclonis Password Manager master password, information about your third party accounts that you store in your encrypted vault, or any passwords that you store in your encrypted vault. For the Cyclonis Password Manager Product we recommend you use a strong master password, treat it in a confidential and secure manner, and do not use this password with any other service or account. Importantly, we also recommend that you do not lose your master password for Cyclonis Password Manager because, for security reasons, we do not have access to it and cannot help you with your account should you lose it.

As part of the security features of the Cyclonis Backup Product, although certain meta data is accessible (for example, file name, file size, etc.), Cyclonis Backup is purposely designed so that Cyclonis Limited is not able to access the content of your backed up data.

6. RETENTION

We retain your personal information for no longer than is necessary with regard to the purposes for which it was collected or lawfully further processed, as set out in this Privacy Policy, or for so long as may be necessary in light of our legal or statutory obligations (for example, as may be required to comply with audit requirements) or in order to exercise our legal rights or defend legal claims. We commit to undertaking periodic reviews of the personal information we hold to ensure personal information is not held for any longer than is necessary. In some instances, we may delete some of the personal information we hold about you once you stop using a Product.

7. GLOBAL DATA TRANSFERS

We operate on a global basis. Accordingly, your personal information may be transferred and stored in countries outside the European Union that are subject to different standards of data protection. We will take appropriate steps to ensure that the transfer of personal information is in accordance with applicable law and is managed carefully to protect your privacy rights and interests and transfers are limited to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights. As a result:

You have a right to contact us at gdpr@cyclonis.com for more information about the safeguards that we have put in place to ensure the adequate protection of your personal information when it is transferred as described in this Section 7.

8. YOUR RIGHTS

If you are a resident of the EEA, you have a number of rights with regard to your personal information that we process. To exercise these rights you may contact us at gdpr@cyclonis.com. You may:

9. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be updated from time to time for any reason, for example, due to changes in applicable law or regulations, or for business or operational reasons. We will notify you of any change through our website, app or by contacting you along with the date on which it will take effect, in accordance with law.

Your continued access or use of the Product after such change takes effect will constitute your acknowledgment of the change and your agreement to be bound by the revised Privacy Policy. If you do not agree to the change or update to this Privacy Policy, it is your responsibility to cancel your account (including any paid subscription) and stop using the Product before the effective date of the change.

The latest version of this Privacy Policy is always accessible on our website at https://www.cyclonis.com. To view when this Privacy Policy was last updated you can look for the "Last Updated" date stated at the top of the Privacy Policy.

10. DO NOT TRACK ("DNT")

We may not recognize Do Not Track ("DNT") signals from your browser or device. There is not yet a universally accepted standard on how to interpret and respond to DNT signals, which often conflict with other settings. If a standard approach is established, we will re-examine how we can appropriately respond to DNT signals.

11. NOTICE TO CALIFORNIA CONSUMERS/RESIDENTS

  1. California Consumer Privacy Act of 2018 ("CCPA")

Under the CCPA and/or CPRA, California consumers have the following rights towards their personal information:

Depending upon individual user circumstances and our business operations, the following rights may exist for California consumers of our products:

Right to notice means a business is required to inform consumers at or before the point of collection of a consumer's personal information of the categories of personal information that will be collected and the purposes for which these categories of personal information will be used. (This Privacy Policy contains information about our practices.)

Right to access means that consumers have the right to request that a business disclose the categories of personal information collected, the categories of sources from which personal information is collected, the business of commercial purpose, the categories of third parties with which the business shares personal information, and the specific pieces of personal information the business holds about a consumer. (This Privacy Policy contains information about our practices.)

Right to request deletion means consumers have the right to request that a business deletes personal information that was collected from the consumer (with certain specific exceptions as permitted by law). Right to opt-out means the right for consumers to direct businesses to stop selling their personal information to third parties. We do not sell your personal information. We only disclose some of your personal information to offer you the services of Cyclonis Limited, our affiliated companies and/or trusted business partners, as explained in this Privacy Policy and/or our applicable EULA/TOS.

Right to equal services and prices prohibits businesses from discriminating against consumers who exercise their CCPA rights. Today, our services in this regard are free.

Should the foregoing CCPA/CPRA rights become applicable, you may make a request to us pursuant to them. Depending on the circumstances, you may also have the right to appoint an authorized agent to make requests under the CCPA/CPRA on your behalf. The right to make an appointment of an authorized agent by you, should it become available, will be conditioned and dependent upon the submission of a letter of authorization appointing an agent and sufficient documentary proof validating such appointment was properly made by you, in forms sufficient to ensure proper application of the law. Once we receive your request, we will verify your identity and authorization to make the request, and proceed, as appropriate, with further action. Note that your rights are subject to certain exceptions and limitations, and we may retain certain personal data to the extent permitted by applicable law.

In the past 12 months, we have disclosed the following categories of personal data to our trusted partners, affiliates and related companies: User Data, Product Data, Website Data, and Third-Party Data.

Should you wish to submit a request to us pursuant to the CCPA/CPRA, or if you should have any questions regarding the CCPA, CPRA, and/or your privacy rights under California law, as well as the foregoing, please contact us at support@cyclonis.com or call us at +1 (800) 721-6206 and please type in "CCPA/CPRA Request" in the subject line and in the body of your message.

  1. California Shine The Light Provisions

Under California's "Shine the Light" law, California residents who provide certain personal data in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us once per calendar year information about the information that we shared with other businesses for their own direct marketing uses. If this legal provision should become applicable to you (depending upon the business operations and circumstances of Cyclonis Limited), this information would include the categories of information and the names and addresses of those businesses with whom we shared information for the immediately prior calendar year. To obtain this information, please contact us at support@cyclonis.com or call us at +1 (800) 721-6206 with "Request for California Privacy Information" in the subject line and in the body of your message. If applicable, we will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements, and only information on covered sharing will be included in our response. We may ask for additional information to verify your identity.

Consumer Rights Notice. Under California Civil Code Section 1789.3, we hereby provide California residents with the following specific consumer rights information:

12. CONTACT US

If you have any questions, concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us by sending an email to gdpr@cyclonis.com or by writing to us at Legal Department, Cyclonis Limited, 3 Castle Street, Dublin 2, Ireland.