Last Update: 5/19/21
Please read this notice very carefully.
Like most website operators, Nuvolex collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Nuvolex purpose in collecting non-personally identifying information is to better understand how Nuvolex visitors use its Site and the Platform. From time to time, Nuvolex may release non-personally identifying information in the aggregate (e.g., by publishing a report on trends in the usage of its Site and the Platform).
Nuvolex also collects potentially personally identifying information like Internet Protocol (IP) addresses. Nuvolex does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally identifying information, as described below.
Gathering of Personally Identifying Information
Certain visitors to the Site choose to interact with Nuvolex in ways that require Nuvolex to gather personally identifying information. The amount and type of information that Nuvolex gathers depends on the nature of the interaction. For example, we ask visitors who sign up to use Nuvolex Platform to provide a username and email address. Clients who sign up to use Nuvolex Platform are asked to provide additional information, required to create accounts and process payments. In each case, Nuvolex collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Nuvolex. Nuvolex does not disclose personally identifying information other than as described below. Visitors can refuse to supply certain personally identifying information, with the caveat that it may prevent them from using the Platform.
Payment Information: If you sign up with Nuvolex directly to use the Platform, you will need to provide us with payment information. This may include billing and other transaction information, credit card number, or other financial information that we can use to ensure proper payment for the services you are purchasing.
Device Information: As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you.
Tracking and Location Information. We may collect and/or track certain information that is derived from the use of the Platform such as usage patterns, travel patterns and traffic patterns. We may use this tracking and location information for statistical purposes to improve our products and services and to help users of the Platform manage their environment and infrastructure more efficiently.
Nuvolex may collect statistics about the behavior of visitors to the Site. For instance, Nuvolex may monitor the most popular blogs on the Site. Nuvolex may display this information publicly or provide it to others. However, Nuvolex does not disclose personally identifying information other than as described below.
Disclosure and Protection of Certain Personally Identifying Information
Nuvolex discloses potentially personally identifying and personally identifying information to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Nuvolex behalf or to provide the services available through the Platform, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country.
Other than to its employees, contractors and affiliated organizations or as described above, Nuvolex discloses potentially personally identifying and personally identifying information only when permitted to do so by law, or when Nuvolex believes in good faith that disclosure is reasonably necessary to protect the property or rights of Nuvolex, third parties or the public at large.
If you are an Authorized User of the Site (Data Controller) and have supplied us with your email address, If you send us a request (either by firstname.lastname@example.org or the “Feedback” button on our Platform), we may ask you for your personal information and other information necessary to answer your question or resolve your problem. If you do not wish to be contacted, you have the option to discontinue use of the website and platform at any time. Nuvolex takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information.
Authorized Users should also be aware that if you submit information to “chat rooms,” “forums” or “message boards” such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications.
For Authorized Users outside the United States, please note that any personally identifiable information you provide us, either directly or in the User Content, may be transferred out of your country and into the United States, unless you are specifically using an instance of the Platform located in the European Union or other geographic regions (where available) outside of the United States.
The European Economic Area (EEA) provides certain rights to data subjects (including access, rectification, erasure, restriction of processing, data portability, and the right to object and to complain). We undertake to provide you the same rights no matter where you choose to live.
As available and except as limited under applicable law, the rights afforded to individuals are:
- Right of Access (the right to be informed of and request access to the personal data we process about you);
- Right to Rectification (the right to request that we amend or update your personal data where it is inaccurate or incomplete);
- Right to Erasure (the right to request that we delete your personal data);
- Right to Restrict (the right to request that we temporarily or permanently stop processing all or some of your personal data);
- Right to Data Portability (the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service);
- Right to Object (the right, at any time, to object to us processing your personal data on grounds relating to your particular situation);
- Right to object to your personal data being processed for direct marketing purposes.
- Right not to be subject to Automated Decision-making (the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect);
- The right to lodge a complaint with the Guarantor in the event of a breach in the processing of data pursuant to art. 77 of Regulation 2016/679.
- The right to appeal to the courts in the event of unlawful processing of the data, even against the acts undertaken by the Guarantor pursuant to art. 78 of Regulation 2016/679.
What kinds of personal data is processed by The Nuvolex ManageX platform?
When a Nuvolex customer onboards one or many tenants from cloud services such as Microsoft 365, personal data from the users inside the tenant is captured and stored in a secure database. The tenant data that is imported directly from each cloud service supported on the platform is limited and only relevant to the functionality of the Nuvolex ManageX platform. The ManageX platform has a very limited scope of personal information that is processed and stored. At no time are we processing or storing any user data outside of the defined scope of the ManageX platform.
Nuvolex ManageX User Data Requirements:
- First Name, Last Name
- Display Name
- Phone Number
- Job Title
- Microsoft 365 Service Usage Location
- Group Memberships
- Azure AD and/or Active Directory User Principal Name
- Primary SMTP Email Address
- User Mailbox Aliases
- Account Status
- Immutable ID
- User Source Data
Personally identifying information is also gathered and processed on Nuvolex ManageX Administrator Accounts for the purpose of identifying logged in users and applying authorization and access policies to the ManageX service. This information may also be used in support scenarios such as responding to support requests, sending product update information or information around planned downtime. Nuvolex uses this information for the purpose of authentication, authorization and product support.
Nuvolex ManageX Administrator Data Requirements
- First Name, Last Name
- Email Address
- IT Administrator Privileges
- Azure AD User Principal Name
Where does Nuvolex host the personal data processed by the ManageX platform?
The personally identifying information that is gathered and processed on Nuvolex ManageX platform is currently located on one of two Microsoft Azure datacenters. For North America customers, Nuvolex runs the ManageX application and stores all data in the Microsoft Azure California datacenter.
For European customers, the ManageX application and all personal data is located in the Microsoft Azure Frankfurt, Germany datacenter.
Who at Nuvolex has access to the personal data and what can they do?
Due to the high degree of sensitivity to end customer personal data, only the following Nuvolex employees have access to this information:
- Nuvolex Support Staff
- Nuvolex IT Staff
- Nuvolex Account Manager
Nuvolex Support Staff may use personal data for the purposes of troubleshooting issues as well as contacting customers to assist with support cases.
Nuvolex IT Staff manage the Nuvolex Azure Databases where personal data is stored and are limited to database administration activities such as managing backups, DB optimizations, and resolving DB issues.
Nuvolex Account Managers may use personal data to contact customers for the purposes of managing customer relationships and accounts.
Retention of Data
Your personal data will be stored for a period not exceeding that necessary to achieve the purposes for which it was collected and in any case for the maximum time required by applicable law (for example, a ten-year prescription for civil and administrative / accounting data).
Our retention periods will vary depending on the type of data involved, but, generally, we will refer to these criteria in order to determine retention period:
- Whether we have a legal or contractual need to retain the data.
- Whether the data is necessary to provide our Services.
- Whether our Customers can access and delete the data within their accounts.
- Whether our Customers would reasonably expect that we would retain the data until they remove it or until their accounts are closed or terminated.
When we have no ongoing legitimate need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.
‐ California Consumer Privacy Act (“CCPA”) for Nuvolex customers based in California
Under the CCPA, California consumers have the right to:
- Opt out of the sale of your personal data.
- Request that we disclose to you the personal data that we have collected, used, disclosed or sold.
- Request that we delete your personal data that we have collected or maintained; and
- Not receive discriminatory treatment for exercising your privacy rights.
If you are a Nuvolex Customer and would like to exercise any of the rights outlined above, or if you have any questions or would like to provide feedback on this policy or our privacy practices, please email us using the contact information provided below and our privacy team will examine your request, question, or feedback and respond to you within 30 days after receipt.If exercising any of your rights outlined in this policy, please email your request from the email address that matches the email under which your account is registered and include your first and last name in the request. We will use this information to verify your identity and the validity of your request. We reserve the right to ask for additional information if needed to validate the request. We also reserve the right to reject requests that are unduly burdensome or repetitive in nature, or if there are legal obligations to maintain the data due to a dispute, compliance, audit, or other investigation.
‐ Do Not Track ‐ California law requires that website operators disclose how they respond to a “Do Not Track” signal. However, because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signals, if any, that we might receive from browsers. We will continue to work with the online industry for a common understanding of how to treat Do Not Track signals.
To learn more about online behavioral advertising, and/or to opt-out of this type of advertising, please visit the Network Advertising Initiative website (https://www.networkadvertising.org/) or the Digital Advertising Alliance website (http://www.digitaladvertisingalliance.org/). You can also contact us as indicated in the How to Contact Us section below.
We do not share with these third parties any information that would readily identify you, such as an email address, but these third parties may have access to information about your device, such as an IP or MAC address. We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests.
Shine the Light
Nuvolex employs administrative, physical, and electronic measures designed to protect your personal information from unauthorized access, loss, misuse, disclosure, alteration, and destruction.
When we need to transfer information out of our firewall, we use industry-standard technological means to protect personal information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security. However, please remember that no security system on the Internet is perfect.
Links to Other Websites
This Privacy Notice addresses only the use and disclosure of information that we collect from you through the Site and your use of the Platform, through our interaction with you or from interaction with our business partners. Our Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. They follow their own rules regarding the use or disclosure of the personal information you submit to them. We recommend that you to read the privacy policies or statements of these other websites.
Our Policy Towards Children and Minors
Nuvolex does not collect personally identifiable information from children under the age of 13. If you believe that a child has provided Nuvolex with personally identifiable information without the consent of his or her parent or guardian, please contact us at email@example.com. If Nuvolex becomes aware that a child under age 13 has provided us with personally identifiable information, we will delete such information.
If you have any concerns or claims with respect to our Privacy Notice, please contact us as indicated in the section below. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of personal information.
If the complaint or dispute cannot be resolved through our internal process, or Nuvolex does not adequately respond to your question, please contact the San Jose office of the American Arbitration Association, which will serve as a liaison with Nuvolex to resolve your concerns.
If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in San Jose, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.
In relation to EU data subjects, you have the right to lodge a complaint with the relevant EU data protection supervisory authority.
How to Contact Us
If you have any questions, comments, concerns, complaints or claims with respect to the Site, the Platform offered through the Site, if your account has been compromised by a hacker or scammer, if another user is abusing, harassing, or stalking you, if you find that certain content displayed on the Site is inappropriate or prohibited by these terms, or if you have any other concern, please contact our Data Protection Officer by email at DPO@nuvolex.com, by phone at 650-690-2451 or by mail at:
Attn: Data Processing Officer
459 Hamilton Avenue, Suite #303
Palo Alto, California
We will investigate and attempt to resolve the matter If we fail to resolve such matter to your sole satisfaction within five business days then you may terminate any agreements which you have in place with us and receive a pro-rata refund of any fees paid in advance relating to the period post termination.