Privacy Policy

Effective Date: August 25, 2017

Carbonite, Inc. and its affiliates and subsidiaries, (collectively "Carbonite") respects the right to privacy of the individual or legal entity who directly or indirectly accesses, uses, and/or purchases our Products and Services (as defined herein) (collectively, “you” or “your”). By installing, accessing or using Carbonite’s products, services, software, any technology therein (collectively, the “Products and Services”) websites and portals (together, the “Websites”), you expressly consent to the collection, processing and use of your personal information according to this Privacy Policy. Carbonite may share your personal information, as defined below, solely for the purposes described herein.

How Carbonite Uses Information

Carbonite collects certain information provided by you when you contact us, visit our Websites or use the Products and Services, including but not limited to information that would permit someone to identify or contact you.

To use the Products and Services or certain features of our Websites, you need to create a user name and password, as well as provide certain personally identifiable information, such as your name, address, email address and telephone number (“Account Information”). We may also ask you for credit card information in order to process payments for certain Products and Services that you purchase. You must keep your password strictly confidential. You are responsible for any and all actions taken using your Account Information and password, and you agree to immediately notify Carbonite of any unauthorized use of which you become aware.

Carbonite uses "cookies" to collect and store information that your browser makes available when you visit our Websites. Additionally, when visitors request pages from our Websites, Carbonite’s servers log the visitor’s Internet Protocol address. This information is transmitted to and stored on Carbonite’s servers in the United States with your Account Information. Your Internet Protocol address, browser type, browser language, and the date and time of your query, enables us to better understand and improve the usability, performance and effectiveness of our websites for purposes of system administration, to determine a visitor’s internet service provider’s regional geographic location, to track the use of our websites, and to identify a visitor when Carbonite feels it is necessary to enforce compliance with our policies or protect the Products and Services and our customers. If you do not want Carbonite to analyze your use of our Websites, you can set your browser options to reject cookies or select the privacy mode setting on your individual internet browser. Rejecting cookies or selecting privacy mode may affect your ability to use some features of the Products and Services or Websites.

Carbonite also collects information, including but not limited to, information about your visit to our Website, your use and configuration of the Products and Services, location and other data received or obtained from your computer, server, tablet, smartphone or any other device you register, or from any hardware delivered to you as part of your purchase of the Products and Services (each a “Device”), and your file system information (e.g., stored file folder names, file extensions, file sizes and the configuration of your Devices) (together with cookies, Internet Protocol address, browser type, browser language, history and date and time of your query, “Diagnostic Information”).

Carbonite uses Account Information and Diagnostic Information in order to deliver the Products and Services and customer support, for capacity planning, product optimization, to improve the Products and Services, and provide the best experience possible for customers. Carbonite may also use your Account Information and Diagnostic Information, and share such information with contracted third parties that perform functions on Carbonite’s behalf and under Carbonite’s instruction, in order to perform analytics and assist with customer support, account management, and our marketing efforts. If you do not want to receive marketing or promotional communications from Carbonite, you can choose to opt-out pursuant to the removal instructions in the Choice section herein.

Carbonite will not view the contents of your encrypted stored data without your consent, however, Carbonite may disclose your information if such action is necessary to comply with applicable law, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or to enforce Carbonite’s Terms of Service. If another entity acquires Carbonite, or all, substantially all or a portion of Carbonite’s assets, you agree that your encrypted stored data and information that Carbonite has collected from you, including personally identifiable information, may, and you consent to, the secure transfer of such information to such successor or assignee.

Do Not Track

Carbonite belongs to ad networks that may use Your browsing history across participating websites to show You interest-based advertisements on those websites. Currently, our Services do not recognize if Your browser sends a “do not track” signal or similar mechanism to indicate You do not wish to be tracked or receive interest-based ads.

Access

You have the right to access, amend or delete your personally identifiable information held by Carbonite. If you wish to obtain a copy of particular information about you, or if you would like to correct, amend or delete that information, please access the password-protected, web-based Carbonite portal and supply your valid login credentials or send an email to privacy@carbonite.com.

Choice

You have the right to opt-out of use and disclosure of certain of your personally identifiable information to third parties for marketing and promotional purposes. Please note that opting-out of the use and disclosure of your personally identifiable information to third parties for marketing and promotional purposes will not affect disclosure and use for service-related, transactional, or legal purposes or related communications. To exercise your choice, please follow the removal instructions in communication that you receive or call customer support at 1-877-222-5488 and request to be unsubscribed, or email Carbonite at privacy@carbonite.com or by mail to Carbonite, Inc., Two Avenue de Lafayette, Boston, MA 02111 Attn: Privacy. Your opt-out request will be processed within thirty (30) days of the date of receipt.

California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from Carbonite, once per calendar year, information about customer information Carbonite has shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which Carbonite shared customer information for the immediately prior calendar year (e.g. requests made in 2016 will receive information regarding 2015 sharing activities). To obtain this information, please send an email message to privacy@carbonite.com with “Request for California Privacy Information” in the subject line of your message, or by mail to Carbonite, Inc., Two Avenue de Lafayette, Boston, MA 02111 Attn: Privacy.

Security

Carbonite and its global third-party cloud storage providers have reasonable and appropriate security measures in place to protect against loss, misuse and alteration of data under its control. Please be advised, however, that we cannot, and do not believe anyone can genuinely guarantee or warrant absolute security of any information you disclose or transmit to a third party. As a result, you agree that you will not hold Carbonite responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information and data you send to Carbonite.

Linking

The Websites may contain links to other websites that Carbonite does not control or maintain. Carbonite is not responsible for the privacy practices employed by these other websites. Carbonite encourages you to read the privacy statements of such other websites before submitting any personally identifiable information.

Regarding Children

Children under 13 are not permitted to use Carbonite's Websites, and may not submit any personally identifiable information to Carbonite. Carbonite does not knowingly collect any personally identifiable information from children under 13 years old or knowingly distribute such information. If a child under 13 has provided Carbonite with personally identifiable information, the parent or guardian of that child should contact Carbonite immediately at privacy@carbonite.com to delete this information.

Dispute Resolution

Pursuant to the Terms of Service, you have agreed that any dispute or claim, other than as related to Privacy Shield which shall be resolved as described below, you may have against Carbonite will be resolved by binding arbitration, rather than in court. Such disputes and claims shall be referred to and finally determined by arbitration in accordance with JAMS Streamlined Arbitration Rules and Procedures. If you agree to this Privacy Policy and/or use the Products and Services, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Carbonite alleging class, collective and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against Carbonite in an individual arbitration proceeding. Claims of more than one individual cannot be arbitrated or consolidated with those of any other individual. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this Privacy Policy prior to using the Products and Services, including this arbitration agreement.

Governing Law

This Privacy Policy and any dispute arising hereunder will be governed by the laws of the Commonwealth of Massachusetts and/or applicable federal law (including the Federal Arbitration Act) without regard to its choice of law or conflicts of law principles. To the extent you and Carbonite are permitted to initiate litigation in a court, both you and Carbonite agree that all claims and disputes arising out of or relating to this Privacy Policy will be litigated exclusively in the state or federal courts located in Boston, Massachusetts. Notwithstanding the foregoing, any disputes raise by EU and Swiss individuals related to the collection or use of personal data shall be addressed in accordance with EU-U.S. Privacy Shield Framework or Swiss-U.S. Privacy Shield Framework, as applicable.

EU-U.S. & Swiss Privacy Shield Frameworks

Carbonite complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information subject to this Privacy Policy and transferred from the European Union and Switzerland to the United States. Carbonite has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. Carbonate complies with the Privacy Shield Principles for all onward transfers of personal information from the EEA and Switzerland, including the onward transfer liability provisions. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, Carbonite commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Carbonite at privacy@carbonite.com.

Carbonite has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from Carbonite, or if we have not addressed your complaint to your satisfaction, please contact or visit the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS for Privacy Shield complaints are provided at no costs to you. If neither Carbonite nor JAMS resolves your complaint, you may pursue binding arbitration through the Privacy Shield Panel. To learn more about the Privacy Shield Panel, visit here. Carbonite is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Changes to Carbonite's Privacy Policy

As laws and best practices change, this Privacy Policy may change from time to time. Carbonite will post Privacy Policy changes on this page and, if appropriate, will provide email notification of such changes.

Useful Emails

To contact Carbonite’s Privacy Officer or for questions related specifically to the EU-U.S. or Swiss Privacy Shield Frameworks, please email PrivacyShield@carbonite.com.

For questions related to this Privacy Policy generally, please email privacy@carbonite.com.