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Privacy Statement Regarding Customer and Online User Information

This Privacy Policy governs the manner in which DriveSavers, Inc. collects, uses, maintains, and discloses information collected from users (each, a “User”) of the DriveSavers data recovery website (“Site”). This privacy policy applies to the Site and all products and services offered by DriveSavers, Inc. This Privacy Statement does not apply to the websites of our reseller service providers or to any other third parties, even if their websites are linked to our website. We recommend you review the privacy statements of the other parties with which you interact.

DriveSavers complies with the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. DriveSavers has certified to the Department of Commerce that it adheres to the Data Privacy Framework Principles. If there is any conflict between the terms in this privacy policy and the Data Privacy Framework Principles, the Data Privacy Framework Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/s/.

In compliance with the U.S.-EU and Swiss-U.S. Data Privacy Framework Principles, DriveSavers commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact DriveSavers at: [email protected].

DriveSavers has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to an independent dispute resolution mechanism, the BBB EU DATA PRIVACY FRAMEWORK, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. In limited circumstances, claims not resolved through other channels may be eligible for binding arbitration before a Data Privacy Framework Panel. DriveSavers is subject to the investigatory and enforcement jurisdiction of the Federal Trade Commission.

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, and phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

Non-Personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer, and technical information about Users’ means of connection to our Site, such as the operating system and the Internet service providers utilised and other similar information.

Web Browser Cookies

Our Site may use “cookies” to enhance User experience. Users’ web browsers place cookies on their hard drives for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browsers to refuse cookies, or to alert them when cookies are being sent. If cookies are refused, note that some parts of the Site may not function properly.

How we use Collected Information

DriveSavers, Inc. may collect and use Users’ personal information for the following purposes:

  • To improve customer service: We may use information provided by users to help us respond to customer service requests and support needs more efficiently.
  • To personalise user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site: We may use feedback you provide to improve our products and services.
  • To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To run a promotion, contest, survey, or other Site features: To send Users information they agreed to receive about topics we think will be of interest to them.
  • To send periodic emails: We may use the email address to send Users information and updates pertaining to their orders. It may also be used to respond to their inquiries, questions, and/or other requests.

Phone numbers (personal information) collected for SMS consent will not be shared with third parties or affiliates for any purposes.

Third-party Websites

Users may find advertising or other content on our Site that link to the sites and services of our reseller service providers, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Disclosing Personal Information

We do not sell, trade, or rent Users’ personal identification information to others. We will provide notice and opt-out choice if ever DriveSavers does share such information with non-agent third parties. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our reseller service providers, trusted affiliates, and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes. If you do not wish to have your personally identifiable information shared with third parties, contact our Privacy Policy Coordinator as described at the end of this document. We are potentially liable in the case of onward transfers to third-party service providers.

We may disclose your Personal Information in connection with law enforcement, fraud prevention or other legal action; as required by law or regulation; or if DriveSavers reasonably believes it is necessary to protect DriveSavers, its customers, or the public. DriveSavers may be required to provide personal information in response to a lawful request from governmental authorities, including to meet national security or law enforcement requirements.

How To Access And Control Your Personal Data

You have choices about how to manage your personal data and what types of communications you receive from us. If you contact us, we will endeavor to respond to your inquiry within 30 days. Please note that we may have a legal obligation to preserve certain data.

Data subjects whose data is received by DriveSavers have the right under the Data Privacy Framework to access, correct, or delete their personal data. They may do so by sending a written request to: [email protected] or the postal address provided at the bottom of this Privacy Statement.

If you have any questions about the type of personal data we hold about you or if you wish to request deletion of personal data we hold about you, please send a written request to: [email protected] or the postal address provided at the bottom of this Privacy Statement.

EU Visitors: You have certain rights and may make a request to exercise them. Under certain circumstances, you have the right to:

  • Request access to your personal data
  • Request correction of your personal data
  • Request erasure of your personal data
  • Object to some processing of your personal data
  • Request restriction of processing of your personal data
  • Request the transfer of your personal data to you or to a third party
  • Withdraw your consent
  • Object to being subject to automated decision-making
  • Lodge a complaint. In such an instance, we request that you first contact us directly to resolve any issue.

If you wish to exercise any of these rights, please contact us. Please note that we may need to request information from you to confirm your identity to ensure that your personal data is not disclosed to a person who does not have the right to receive it.

How We Protect Your Information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information, and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

Data Retention

The retention period for data we process can vary based on certain circumstances or obligations. For example, we retain personal data for as long as it is necessary to provide the products or services you have requested, or for other legal compliance or essential business purposes such enforcing our contracts, maintaining the security of our products, or dispute resolution.

Children’s Online Privacy

Our website is a general audience site and is not intended for use by children under 18. If you become aware that a child under 18 has provided us with personal data, we ask that you notify us by email at [email protected]. Should we become aware that a child under age 18 has provided personally identifiable information, we will take steps to immediately delete it.

Human Resources (HR)

Additionally, DriveSavers, Inc., commits to cooperate with the EU data protection authorities (DPAs) and comply with the advice given by such authorities regarding human resources (HR) data transferred from the EU in the context of the employment relationship. EU employees with concerns regarding the transfer of their personal data are encouraged to contact us directly at [email protected]. Alternatively, EU individuals can go directly to your local Data Privacy Authority (DPA). Please visit https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en to find out more about DPAs and locate your authority on line. UK individuals should refer to https://ico.org.uk/make-a-complaint/eu-us-privacy-shield/. Swiss individuals should refer to https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection—switzerland.html

If your Data Privacy Framework complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Data Privacy Framework Annex 1 at https://www.dataprivacyframework.gov/s/

Changes to this Privacy Policy

DriveSavers, Inc. has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your Acceptance of these Terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us

If you have any questions about this Privacy Policy, the practices of this site or your dealings with this site, please contact us at:

DriveSavers, Inc.
Attention: Chief Information Security Officer
400 Bel Marin Keys Blvd.
Novato, CA 94949

415.382.2000
drivesaversdatarecovery.com
[email protected]

This document was last updated on May 24, 2023.

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