Privacy Policy

Last Revision Date: April 30, 2012

Kroll Ontrack (“Ontrack”) recognizes the importance of protecting your privacy. The following privacy policy (“Privacy Policy”) describes what information Ontrack collects, how Ontrack collects that information, and how Ontrack stores, uses, transfers, and discloses (collectively “Uses”) the collected information. This Privacy Policy is subject to Ontrack’s Terms of Use Agreement (“TOU”), which can be found at the bottom of the web site home page. You should print a copy of this Privacy Policy for your records, and you should also know that Ontrack may update or amend this Privacy Policy from time to time as Ontrack deems necessary. When Ontrack updates or amends its Privacy Policy, we will post the revision date of the updated or amended Privacy Policy at the top of the document.

Affiliate, Partner and Third-Party Web Sites

This Privacy Policy applies to this web site only. To the extent that this web site permits you to link to other web sites of Ontrack’s affiliates, partners, or other third-parties, separate privacy polices may apply to those linked web sites. Those separate privacy policies may contain different terms that are not the same as those terms contained in Ontrack’s Privacy Policy. Your access to and use of such linked web sites through links that are provided on this web site are not governed by this Privacy Policy. Rather, your access to and use of such linked web sites are governed by the privacy polices in those linked web sites, and Ontrack expressly disclaims any and all responsibility for your access to and use of such linked web sites, as well as for any use of the information that you may provide, or any information that may be collected about you, at such linked web sites.

Purpose of Collection of Personal Information

Personal Information is data that can be used to uniquely identify or contact an individual. Ontrack collects Personal Information in order to complete online transactions that you may place with us, and also to act upon instructions that you may give to us.

What Personal Information Ontrack Actively Collects

  • When you register to receive periodic email correspondence from us or to download information from our website, or to give us instructions regarding your account, we may collect Personal Information that includes, but is not limited to, your name, company name, physical mailing address, your email address, and phone number(s).
  • When you complete a transaction with us, such as purchasing a product or entering into a services agreement, we may collect Personal Information that includes, but is not limited to, billing information such as credit card numbers and security codes, shipping information and contact information. We do not collect social security numbers.
  • When you attend trade shows or other events, we may collect Personal Information that includes, but is not limited to, your name, company, address, email address, work address, and phone numbers.

What Personal Information Ontrack Passively Collects: Cookies and Other Technologies

Ontrack’s web site, online services, applications, email messages, and advertisements, if any, may use “cookies” and other technologies such as pixel tags and web beacons ( pixel tags and web beacons are together known as “Other Technologies”) to collect information about you. A cookie is a small data file stored on the web browser on your computer’s hard drive. A cookie associates the identification numbers built into the cookie with information about you that you have provided to us. This association allows us to recognize who you are when you arrive at our web site. Other Technologies tell us where on our website you have visited, counts how many users visited certain web pages within our web site, and measures the effectiveness of advertisements, if any, and web searches.

Like most web sites, we also automatically collect some tracking information and store that tracking information in an anonymous, aggregated and non-personal format. This tracking information includes Internet Protocol (IP) addresses, browser type and language, Internet Service Provider (ISP), operating system used, date and time stamps and click stream data. We use this tracking information to understand and analyze trends, to administer our web site, and to learn about user behavior on our web site. However, Ontrack may use IP addresses to identify you when Ontrack feels, in its sole discretion, that it is necessary to enforce compliance with its TOU, this Privacy Policy, to protect its services, Web Site, systems, information, employees, business partners, affiliates, users, customers or others, or when required by law.

Disclosure of Personal Information to Third Parties

As a general rule, Ontrack does not share with or disclose to any third parties any specific Personal Information, except (a) as otherwise described in this Privacy Policy, (b) when Ontrack has your permission, or (c) under special circumstances such as, but not limited to, when Ontrack believes in good faith that the law requires such disclosure, or when the disclosure will protect the safety of others.

Affiliates: Ontrack may share any or all of your Personal Information with and among its affiliated or related entities, including Ontrack affiliates located in the EU and elsewhere. Any onward transfer of your Personal Information is pursuant to the Safe Harbor Privacy Framework, discussed later in this Privacy Policy. The transfer of your Personal Information to our affiliates is done to allow these entities to offer you information about their businesses, products or services that may be of interest to you, or for other lawful business purposes.

Business Partners and Service Providers: Ontrack may share your Personal Information with companies which provide services such as, but not limited to, online chat, product promotion via email, order fulfillment, e-commerce, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in products and services, information processing, conducting customer research or satisfaction surveys, and online job applications. These companies are obligated to protect your Personal Information.

Other: Ontrack may, if required by law, legal process, litigation and/or requests from public or governmental authorities, disclose your Personal Information. We may also disclose Personal Information about you if we determine, in good faith and in our sole discretion, that such disclosure is necessary for purposes of national security, law enforcement, the prevention of a crime, or other issues of public importance. We may also disclose Personal Information about you if we determine, in our sole discretion, that it is reasonably necessary to enforce the TOU, or to protect our operations or users. Additionally, in the event of a corporate reorganization, merger or acquisition, or sale, we may transfer any and all Personal Information we collect to a relevant third party.

Opting Out: How You Control the Use of Your Personal Information

In the event you decide that you want to opt out from Ontrack’s use of your Personal Information that you previously provided to Ontrack, you may opt out of our use of your Personal Information by notifying Ontrack by email at: remove@krollontrack.com.

Integrity, Protection and Retention of Your Personal Information

While Ontrack endeavors to protect your Personal Information, we cannot warrant the security of any Personal Information, and ultimately you provide your Personal Information to us at your own risk. Ontrack uses industry standard efforts and security practices to safeguard your Personal Information, and we use commercially reasonable efforts to use different security measures designed to protect your Personal Information from access by unauthorized persons. Some of those measures include, but may not be limited to, encryption, firewalls and use of Secure Socket Layers (SSL). Ontrack retains your Personal Information for the period necessary to fulfill the purpose for which it was collected, as outlined previously in this Privacy Policy, unless a longer retention period is mandated or permitted by law.

United States Department of Commerce Safe Harbor Certification

Kroll Ontrack complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.  Kroll Ontrack has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Kroll Ontrack’s certification, please visit www.export.gov/safeharbor.  We have a mechanism for you to access, correct, or update your Personal Information, as described below.

In compliance with the US-EU and US-Swiss Safe Harbor Principles, Kroll Ontrack commits to resolve complaints about your privacy and our collection or use of your personal information.  European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Kroll Ontrack Inc.  at 9023 Columbine Road, Eden Prairie, Minnesota 55347 USA, Attn: Compliance Department.

Kroll Ontrack has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, 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 by Kroll Ontrack, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Access to Personal Information

There may be times that you wish to access your Personal Information. Ontrack makes good faith efforts to provide you with access to your Personal Information so you can instruct us to correct or update the Personal Information if it is inaccurate, or delete your Personal Information if Ontrack is not required to retain it by law or for a legitimate business purpose. To receive a copy of your Personal Information, or to provide instructions to us on what you want corrected or updated, send us an e-mail at: privacy@krollontrack.com.

Children

This web site is not intended for use by children. Ontrack does not knowingly solicit or collect Personal Information from children under the age of 13. If you are under the age of 18, you must obtain the consent of your parent or guardian to use this Web Site.

Changes to this Privacy Policy and Notification to You

Ontrack reserves the right, in its sole discretion, to make changes to this Privacy Policy. When we make changes to the Privacy Policy, we will revise the “Last Revision Date” field at the top of the Privacy Policy so you know the most recent version of the Privacy Policy and when the changes became effective. Changes to the Privacy Policy become effective upon posting and updating the “Last Revision Date”. We encourage you to periodically review the Privacy Policy to be informed of any changes.


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