Axcient Privacy Notice

    Effective Date: [2/29/2024]

    This Privacy Notice explains how Axcient (eFolder Inc dba Axcient) and its subsidiaries in the United States (who also operate under the “Axcient” brand, so “Axcient,” “we,” “our,” or “us”) collects, uses, and shares your personal information. This Privacy Notice applies to this website and any other sites (each website a “Site” and collectively, the “Sites”), as well as our products and services (“Services”) displaying this Privacy Notice. This Privacy Notice applies to information collected from visitors to our websites (“Visitors”) and our business customers (“Customers”), and information provided to us by our Customers.

    This Privacy Notice does not apply to third parties or their services. This Privacy Notice does not apply to information that cannot be identified to any individual, household, or their devices, such as de-identified or anonymized data. We are not responsible for our customers’ or other third parties’ privacy practices; you should contact these parties directly to understand their practices.

    We offer additional privacy disclosures for EU and UK (see Axcient European Economic Area Privacy Notice and Axcient EU-U.S. Data Privacy Framework Policy) and California residents.

    Information We Collect

    To provide our Sites, we collect data by which you may be personally identified. We may also collect information about the devices and equipment you use to access our Sites, including usage data.

    We collect this information from a variety of sources, including:

    • Directly from you when you provide it to us.
    • From third parties you interact with.
    • From our customers.
    • Automatically as you utilize the Sites.
    • From third parties, including analytics providers.

    Information directly from you. When you access our websites, or download, install, license, or otherwise use our Services, we may collect your name, phone number, mailing address and email address.

    Other non-personally identifying information that you volunteer (“Other Data”) (such as through surveys, polls, or feedback forms) will be used to improve our Services. If it is clear such information will be publicly posted (such as in blog, comment, submissions post or testimonial submission) you should not include such personal data in your submission.

    Information provided from third parties you have interacted with. If you register and attend a trade show, you may have agreed with the trade show organizer to share your information with vendors. The privacy policies of these trade shows govern the use and disclosure of your information. Where we have received your information from a trade show we have sponsored or attended, we may receive your information and communicate with you as permitted.

    Information input into our Services from our customers. We provide backup and disaster recovery services to our business customers. Thus, we collect any information our customers choose to provide to us. Customers of Axcient may electronically submit data or information to Axcient’s products or services (“Customer Data”). Certain Axcient Services allow our business customers to encrypt data prior to transmission and then to electronically transmit such encrypted data to Axcient for long-term storage (“Customer Encrypted Data”). Axcient will not decrypt the contents of such data, except as explicitly authorized by our business customers (for example when customers use the restore functions of the software). If supported by the software, Axcient does not store customers’ encryption keys for such Customer Encrypted Data, except in an encrypted form if they choose to use the passphrase recovery function or other authorized key management function. If customers do use passphrase recovery, the encryption key is further encrypted by the answers to the security questions. Axcient will not attempt to decrypt any encryption keys or to discover the answers to security questions. Axcient does not store the answers to security questions in any form.

    Other information from customers. For example, if you are an employee or representative of our customer designated by them to manage or support their account.

    Information we collect through automatic data collection technologies. We may collect data regarding your use of our Sites through cookies, web beacons, and other automatically collected information. This data may include your IP address, date and time you access our Sites and the pages and content you access during your visit, websites that you link to or from, whether you receive or open an email or other communication from us, and the links you click on within those emails. We may also collect information from your mobile device or your computer about how you interact with our Sites, including the date of the visit, the time of arrival and length of visit to the Sites, the type of device used and the operating system on that device, browser type, a list of files downloaded or pages viewed, your IP address, and any errors encountered. This information helps us address customer support issues, provide you with a personalized experience, prevent fraudulent use of our services, and manage the Sites we provide you, including gathering aggregated data about engagement.

    Other parties may collect personally identifiable information about your online activities over time and across third-party websites when you use our Sites. We do not control any personal information once collected by these parties. We do not respond to “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services. However, we provide a cookie management tool that permits you to set cookie and tracking preferences. Please note that these preferences may be limited to the device or computer you used to access our Sites when setting such preferences. You can use our cookie consent manager by using the privacy icon in the lower left of the webpage.

    Information we collect from third party sources. On our Site and Services we may collect information from advertisers, affiliates, promotional partners, and application providers. These and other third parties provide us information in connection with content, widgets, components, or other tools we use on our Sites. These third parties may collect information from these source when you use our websites. The information third parties collect may be associated with your personal information or they may collect information about your online activities over time. They and we may use this information to provide you with interest-based advertising or other targeted content, and for other purposes (such as to better understand our Service’s audience).

    How We Use Information We Collect

    We may use data we collect to operate our business and for a variety of purposes, including the following:

    • To provide our Sites and Services and their contents to you.
    • To maintain encrypted backups of data, including disaster recovery instances of Customer Data that may be geographically distributed across jurisdictions, including the U.S.
    • To set up your account and to permit you to participate in features on our Services.
    • To maintain, analyze, customize, and improve your experience on our Site and Services.
    • To communicate with you and provide you information that you request from us.
    • To complete administrative tasks, such as processing billing and completing payments.
    • To provide customer and technical support.
    • To monitor and enforce our contracts, legal terms, acceptable use or other policies or similar terms.
    • To comply with law and satisfy our regulatory and compliance obligations. Additionally, to support compliance efforts on behalf of others and ourselves that support our provision of services to you.
    • To detect and prevent fraud and other prohibited, illicit or illegal activity, and to protect the rights and vital interests of you, others, and ourselves.
    • To address existing or anticipated disputes.
    • To otherwise operate our business, including support for transactions impacting our company as a whole (such as mergers, acquisitions, or asset purchases).
    • To fulfill any other purpose for which you provide your information to us.
    • For other purposes permitted by law, described to you when you provide your information or to which you consent.

    As permitted by law, we may combine the information we gather about you in identifiable form, including information from third parties. We may use this information, for example, to improve and personalize our services, content and advertising. In some cases, our use of information may be limited by contractual terms we have entered into.

    How We Secure Information

    We are committed to maintaining measures to protect the security of your information. Of course, despite these measures, no network or system is ever entirely secure and we cannot guarantee the security of networks and systems that we operate or that are operated on our behalf.

    How We Share Information

    We may share your information with third parties as reasonable to operate our business, to provide the Services to you and others, as permitted or required by law, or as directed or authorized by you. For example:

    Affiliated Companies.  We may share some or all of your personal information, including Customer Data and Customer Encrypted Data, with our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

    Third Party Sharing. We work with third party parties to help us provide our Site and Services and to support internal operations. In some cases (though not generally with respect to Customer Data or Customer Encrypted Data) they may use your information subject to their own privacy policies and to comply with their own legal and regulatory obligations. We work with different types of third parties, presently including:

    • Data hosting and cloud infrastructure service providers;
    • Payment processors;
    • Security service providers;
    • Applicant tracking and HR service providers;
    • Analytics providers; and
    • Marketing and promotions providers.

    Professional Advisors, Law Enforcement and Regulators. We share your information with our professional advisors who provide legal, compliance, auditing, accounting, banking, consulting, or similar services, and with regulators, law enforcement, or government agencies to:

    • comply with our legal and regulatory obligations, including those compliance obligations of federal, state or local regulators;  
    • protect our interests, property or legal rights, or those of our customers or third parties;
    • respond to a subpoena, court order, or similar law enforcement request, or when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of this Privacy Notice or other applicable terms; and
    • for other legal purposes, such as to enforce our terms and conditions, or to exercise or defend legal claims.

    Corporate Transaction. In the event of a corporate transaction, we may share the personal information of visitors to our Sites, users of our Services (including Customers), and others that we have collected information from with companies or other entities in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, restructuring, divestiture or dissolution of all or a portion of our business, or other similar event.

    Other Disclosures. In addition to the above disclosures, we may disclose personal information in the event that we believe such disclosure is (i) necessary to provide our services or operate our business; (ii) in accordance with purposes we describe when you share it with us; (iii) permitted by law; or (iv) with your consent or at your direction.

    If you are a visitor on our Sites, we may share your information with advertisers and other promotional partners.

    We may disclose aggregated or deidentified information that does not identify any individual without restriction.

    What Choices Do I Have?

    Update personal information. You may access or update your personal data associated with your Axcient services account using the password-protected, administrative area of our Site, or by emailing us at privacy@axcient.com. Even upon updating or canceling your account, we may retain personal data and other information in our backup or archival records.

    Marketing communications. You may receive marketing communications from Axcient. You may opt out of receiving marketing emails by following the unsubscribe link in each email, or by emailing privacy@axcient.com. Please note that you may continue to receive non-marketing emails from us after you opt-out. Please note that we do not control communications from others, including our customers or those you may choose to interact with via our Services. You should contact them to understand your communication choices with them.

    Axcient may also send service-related emails to inform you of product updates and operational notices. To opt out of non-critical service-related emails, you may use the unsubscribe link located in the footer of the emails you receive. Opting out of promotional or service-related emails will not affect any legal communications, emergency communications, customer service, technical support, or other transactional emails we may send.

    Cookies. You have a number of choices regarding certain cookies. Most web browsers automatically accept cookies, but you may modify your browser’s setting to notify you of cookie placement or decline cookies. If you choose to decline cookies, certain features of our website may not function properly or at all as a result. You can use our cookie consent manager by using the privacy icon in the lower left of the webpage.

    Updates to Our Privacy Notice

    We may update this Privacy Notice from time to time in order to provide clarification or notice of changes to our practices. If we make changes, we will revise the Effective Date at the top of this Privacy Notice. Changes to this Privacy Notice will be effective once they are posted unless otherwise indicated. We may choose to notify you by email to the email address in our records, through in-product messaging, or through other means.

    Contact Information

    If you have any questions or concern about this privacy notice or the privacy practices at Axcient, please contact us by emailing us at support@axcient.com or by writing us at:

    Axcient

    ATTN: Privacy Policy

    707 17thStreet, Suite 3900

    Denver, CO 80202

    Last Updated: [2/29/2024]

    Additional Notice for California Residents

    This Additional Notice to the Privacy Notice applies to residents of California only. California law requires businesses that determine the purpose and means of processing personal data to make certain disclosures and offer data rights. Accordingly, Axcient offers the disclosures below to Customers and Visitors to its Sites, and to prospects who may otherwise interact with us. These disclosures and rights may not apply where Axcient is processing data on behalf of its Customers.

    Collection of Personal Information

    We collect personal information as necessary to operate our business, to comply with our legal and regulatory obligations, and to provide our Services to you. Within the last 12 months, we have collected the following types of personal information about Visitors and Customers:

    • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, user name, or account name.
    • For users and Visitors to our Sites, internet or other similar network activity including browsing history, search history, information on a consumer’s interaction with our website.
    • If you have applied for a job at Axcient, professional or employment information such as current or past job history or performance evaluations.

    To learn more about the information we collect, please see our Privacy Notice.

    Disclosure of Your Personal Information

    The table below identifies how in the past 12 months we have disclosed information collected about individuals.

    Personal Information DisclosedBusiness Purpose for SharingCategories of Third Parties Shared With
    Identifiers. Includes First and last name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license, or other similar identifiers.To provide and manage the Site To facilitate our Customers’ relationships their clients and customers To deliver targeted advertising As otherwise set forth in the How We Share Your Personal Information sectionAdvertising service providers Marketing service providers Data and analytic technology platforms Other service providers or supporting professionals (e.g. IT providers, auditors, and accountants)
    Sensitive Identifiers. Includes Name (if and to the extent provided to us)To provide and manage the Site To facilitate our Customers’ relationships their clients and customers To deliver targeted advertising As otherwise set forth in the How We Share Your Personal Information sectionAdvertising service providers Marketing service providers Data and analytic technology platforms Other service providers or supporting professionals (e.g. IT providers, auditors, and accountants)
    Protected Classifications. Such as information about protected classifications such as race, religious background, or medical information.We do not collect or share this information
    Property/Commercial Records. Includes records of personal property; products or services purchased, obtained, or considered; or other purchasing or consuming histories or tendencies related to home repair.We do not collect or share this information
    Internet or network activity. Such as information on a consumer’s interaction with our website.For personalization of offers and informationData and analytic technology platforms
    Biometrics. Such as biometric information, which includes audio, electronic, visual, thermal, olfactory, or similar information, such as thermal screenings and CCTV footage (e.g., collected from visitors to our offices for health and safety purposes), photographs and images (e.g., that you provide us) and records of calls, webinars and video conferences. We do not collect biometric information, including iris and retina scans, fingerprints, voice recordings, facial recognition, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.We do not collect or share this information
    Geolocation. Includes data derived from a device and that is intended to locate a customer within a geographic area.We do not collect or share this information
    Employment Information. Includes professional and employment-related information such as an employer’s name and employees’ names, job titles, responsibilities, practice areas, specialties, qualifications, and/or areas of focus.For evaluating your candidacy when you apply to an open position For HR purposes if you become an employee or contractorApplicant tracking providers HR service providers
    Education Background. Includes information about education or educational background, including educational records as defined in federal law.We do not collect or share this information
    Profile. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.We do not collect or share this information

    We may also share information to comply with law, to protect the interests of ourselves or others, and in connection with a merger, sale, or acquisition of all or part of our business. To learn more about how we share data, please see additional details as set forth in the Privacy Notice.

    How Personal Information Is Collected and Used

    We collect personal information directly from the following sources:

    • Directly from you. For example, when you sign up for the Services.
    • From third parties you interact with.
    • From our customers.
    • Indirectly from you. For example, from observing your actions on our websites.
    • From third parties. For example, from analytics providers.

    We may use your information for the following business purposes:

    • To provide our Sites and Services to you.
    • Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
    • Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes.
    • Debugging to identify and repair errors that impair existing intended functionality.
    • Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with us.
    • Performing services on behalf of our customers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business.
    • Supporting our advertising and marketing services as permitted by law.
    • Undertaking internal research for technological development and analytics.
    • To improve, upgrade, or enhance the services.

    To understand more about the purposes for which we collect personal information and the sources of our collection, refer to the other sections of this Privacy Notice.

    Sales of Personal Information

    In the last 12 months we have disclosed your personal information to third parties in connection with operating our online services, including network identifiers and inferences about your preferences to third party analytics providers. Such disclosure for analytics and marketing / advertising purposes may constitute a “sale” of your personal information under California law. You may opt out of the sale of your personal information by filling out our online form.  We do not sell the personal information of individuals who we know to be under 16 years of age.

    Your California Privacy Rights

    If you are a California resident, you have the following rights regarding your personal information:

    • Right to Access. You have the right to access the personal information we have collected about you. If requested, we will provide you with a copy of the personal information we have collected.
    • Right to Know. You have the right to request that we disclose the following about your personal information in the preceding 12 months:
      • The categories of personal information we collected;
      • The categories of sources from which we collected your personal information;
      • The business or commercial purposes for collecting, selling, or sharing your personal information;
      • The categories of third parties to whom we disclose your personal information; and
      • The specific pieces of personal information we have collected about you.
    • Right to Delete. You have the right to request that we delete your personal information. Upon verifying your identity and the validity of your request, we will delete your personal information from our records and instruct our service providers, affiliates, or third parties to delete your information as required by law. We may deny your deletion request if retaining the information is permitted under law.
    • Right to Correct. You have the right to correct inaccurate personal information that we maintain about you. Upon verifying your identity and the validity of your request, we will use reasonable efforts to correct your personal information as directed. In certain circumstances, we may not be able to satisfy this request depending on the nature of the personal information and purposes for maintaining it.
    • Right to Opt-out of Selling/Sharing. You have the right to direct us to not sell your personal information at any time. To exercise the right to opt out, you may submit a request to use by visiting our Do Not Sell or Share My Personal Information page. Once you make an opt-out request, we will wait at least twelve months before asking you to reauthorize personal information sales. You do not need to create an account with us to exercise your opt out rights. Your right to opt out of ‘sharing’ information is a specific right to prevent the provision of your personal information to a third party for them to target advertising based on your behavior across unaffiliated websites to you.
    • Right to Limit Use of Sensitive Personal Information. We do not collect or process sensitive personal information. Thus, you do not have the right to limit how your sensitive personal information is used and/or disclosed to third parties.

    You may exercise your ‘do not sell or share my personal information’ rights here. We will record your request.

    We may not discriminate against you for exercising any of your rights under the California Privacy Rights Act. This means that we may not deny you services, or charge you different prices or rates for services or provide you with a different level or quality of services (or suggest that we will do so), in response to a request made under the California Privacy Rights Act. However, we may charge different prices or rates, or provide a different level or quality of services, where that difference is reasonably related to the value provided to us by your personal information.

    You may designate an authorized agent to make a request to know, request to correct, or request to delete. An agent may be an individual or a business entity. To designate an authorized agent, you must provide the agent with written permission to submit the request. We may still require you to verify your identity directly (subject to certain exceptions). We may refuse a request if the agent does not provide adequate proof of their authorization.

    [Our site recognizes Global Privacy Control signals]. You can also configure and use our cookie consent manager by using the privacy icon in the lower left of the webpage.

    How to Exercise These Rights

    You may request to exercise the foregoing rights by:

    Please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. In connection with such verification, we may ask you to provide your name, email address, physical address or zip code and phone number. We may limit our response to your exercise of the above rights as permitted by law.

    Data Storage and Retention

    We will store your personal information until the initial purpose for which we collected such data has been satisfied, including the purpose described in our How We Use Information We Collect section. If you consent to a new or additional purpose for retaining your data, your personal information may be stored for longer. We have implemented measures designed to secure your personal information against unauthorized use, loss, destruction or alteration. We cannot guarantee the security of your personal information.

    We retain your data according to a set retention schedule, which can be generally described as follows: for the longer of the duration of our relationship, or, in the absence of a continuing relationship, 3 years for backup or archival purposes.  At the end of that retention period, all data is deleted unless subject to an exception under law.

    Contact Us

    If you have any questions or concerns about privacy at Axcient, please contact us by emailing us at privacy@axcient.com or calling us at 720-204-4500. Additionally, you can write to us at:

    Axcient

    ATTN: Privacy Policy

    707 17th Street, Suite 3900

    Denver, CO 80202