Privacy Policy

We control information that is provided directly to us.  For information provided to us by our Customers through their use of Accellion Services, we act as a processor of that information, not a controller.  We have no direct relationship with individuals whose personal information controlled by Customers and used in connection with Accellion Services.  It is the Customer, not Accellion, that has access control over that information.  Accordingly, if you are an end user of a Customer and you contact us about your personal information controlled by a Customer, we will direct you to the applicable Customer for any questions or requests with respect to your personal information controlled by them, but otherwise this Policy does not apply to personal information managed by Customers.

EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks

Accellion complies with the EU-U.S. Privacy Shield Frameworks and the Swiss-U.S. Privacy Shield Frameworks 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. Accellion has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Accellion’s certification, please visit https://www.privacyshield.gov/. 

In addition Accellion’s voluntary participation with the Privacy Shield Frameworks, Accellion is also subject to the mandatory investigatory and enforcement powers of the Federal Trade Commission (“FTC”).

Personal information You Provide to Us

As used in this Policy, “personal information” means information relating to an identified or identifiable person who can be directly or indirectly identified in particular by reference to an identifier, such as a name, an identification number, location data, and online identifier or to one or more factors specific to that person’s physical, physiological, genetic, mental, economic, cultural or social identity.

We receive personal information from you when you request information from us, when you register or log in to use Accellion Services, when you use our mobile applications, when you submit customer support requests, or when you agree to provide testimonials for us to make publicly available. The types of personal information collected generally depends upon the purpose for which you’ve provided it, and includes personally identifiable information such as your full name, address, company, email address and telephone number.  If you order products from us through our website, personal information can include any financial and commercial information you provide for that purpose.  And we may collect personal information about you such as location information, device identifiers or IP addresses, depending on the context in how it is collected.

Personal information is used for providing Accellion Services to you, for customer support requests, to contact you as requested, or for agreed-upon testimonials.  We may also use personal information to communicate with you about news and information regarding Accellion Services, to operate, maintain and improve the Accellion Services, to facilitate your use of the Accellion Services, to investigate and prevent fraud and other illegal activities, to enable you to communicate, collaborate, and share files with users you designate, and for other purposes for which you are notified and provide consent.

Anonymous Information Collected Automatically

We may receive and store certain types of non-personal information whenever you interact with our website, or our desktop and mobile applications that are part of Accellion Services. For example, for website visitors Accellion may choose to automatically receive and record information about your browser, your IP address, cookie information, the page you requested, the numbers and frequency of visits to our site and its components. In addition, we may also record the pages you visit on the website through the use of pixel tags (also called “clear gifs” or “beacons”) and we may use Local Storage Objects (“LSOs”) such as HTML5 to store content information and preferences.

For mobile application users, we may receive data about the version of the mobile application you’re using, the device type and operating system on which it is used, language used, general geographic location data (not lat/long), and settings and events in the mobile application. 

Further, if we contact you by email, we may receive a confirmation when you open an email from Accellion if your computer supports this type of program.

Accellion generally only uses this anonymous data in aggregate form: that is, as a statistical measure, and not in a manner that would identify you personally. However, if you have registered with Accellion using our site and your browser accepts cookies, or where we have deployed pixel tags and/or LSOS, Accellion may automatically collect individualized information regarding your visits to Accellion’s site (“Individual Site Usage Information”) to provide you with a more personalized customer experience.  If you’re interested in preventing the collection of Individual Usage Information, please see the “What About Cookies” section below for further information.

What about Cookies?

Cookies are alphanumeric identifiers that we may transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Accellion cookies do not collect personal information; however, we may combine the general information collected through cookies with other personal information in connection with our collection of Individual Site Usage Information (as described above). If you do not wish to have your Individual Site Usage Information collected, most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways.  Also, various browsers may offer their own management tools for removing HTML5 LSOs.  Please be aware that disabling those tools may reduce your ability to access certain portions of the Accellion website.  You may also have additional rights as a user of Accellion Services, as provided in the Customer Agreement with Accellion, or as provided in the “Additional Rights” section below.
                                                      
Will Accellion Share Any of the Personal Information it Receives?

We neither rent nor sell your personal information to anyone. We share your personal information only with your consent or to business partners and affiliates as described below:

Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Accellion’s agents do not have any right to use personal information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of personal information for the above purposes.

Business Transfers: In some cases, we may choose to buy or sell business assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Accellion, or substantially all of its assets, were acquired, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Accellion may continue to use your personal information as set forth in this policy.

Protection of Accellion and Others: We may release personal information when we believe in good faith that release is necessary to comply with any law; respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; enforce or apply our terms of use and other agreements; or protect the rights, property, or safety of Accellion, our employees, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Affiliates: To operate our group of companies effectively, we use shared systems, resources and sub-contractors so personal information and anonymous information may be transferred to these parties, stored or processed outside the European Economic Area (“EEA”) or the country where you or a Customer’s end user is located.  Where we do so we’ll ensure that any transfer is subject to appropriate safeguards and this Policy. 

By accessing or using the Accellion Services or otherwise providing information to us, you consent to the processing and transfer of information, including personal information, in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.  If we have received your personal information under the Privacy Shield and subsequently transfer it to a third party service provider for processing, we will remain responsible if they process your personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

Your Choices

If you are a user of Accellion Services, you may update, correct or delete personal information about you at any time by logging into your online account and modifying your information or by emailing us at privacy@kiteworks.com. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Policy and in according with our agreement with the Customer, as applicable.
                                 
You may opt out of receiving promotional and newsletter emails from Accellion by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing privacy@kiteworks.com  with your specific request. If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access to or use of the Accellion Services or those about your online account or our ongoing business relations.

See the “Additional Rights” section below for more choices you may have regarding our use of your personal information.

Security

Accellion takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the Accellion website, and the Accellion website and you, will be free from unauthorized access by third parties. Users of the Accellion website do so at their own risk with respect to such communications.

Do Not Track

Currently, we do not respond to “Do Not Track” browser features, but we may in the future as industry standards evolve.

Children

Accellion’s website and services are not intended to be used by children under the age of 18 and Accellion requests that children under the age of 18 not use the Accellion website nor submit any personal information to the Accellion website. Accellion does not knowingly collect personal information from children under the age of 13. Since information regarding children under the age of 13 is not collected, Accellion does not knowingly use or distribute personal information regarding children under the age of 13. If Accellion obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database.

Changes to this Privacy Policy

Accellion may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is collected. If we make changes in the way we use personal information, we will notify you by posting an amendment to the Policy on the website. Such modifications will become effective on the day they are posted. Accellion encourages you to frequently review this Policy for any modifications.
 
If you disagree with any changes to this Privacy Notice and do not wish your information to be subject to the revised Privacy Notice, you will need to deactivate with us and stop using the Accellion Services. Your use of any of the Accellion Services after the posting of such changes shall constitute your consent to such changes.

Your Additional Rights

If you are an individual from the EEA, our legal basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you (e.g. to deliver the Accellion Services you have requested), or where the processing is pursuant to legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).

You may have the right to exercise additional rights available to you under applicable laws, including: (a) right to erasure or correction of personal information; (b) a right to object to, or to restrict, process, or (c) a right to port personal information. If you would like to exercise such rights, please contact us at privacy@kiteworks.com with your specific request. We will consider your request in accordance with applicable laws and, where required to adhere to your request, we will do so within the time periods required by applicable law (generally 30 days following the request). To protect your privacy and security, we may take steps to verify your identity before complying with the request. 

Accellion will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information.  And in compliance with the Privacy Shield Principles, Accellion commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield.  European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Accellion Inc. at privacy@kiteworks.com

Accellion has further committed to refer unresolved Privacy Shield compliants to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, place contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.

If you have a Privacy Shield complaint that 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 Privacy Shield Annex 1.

In addition to contacting us via email at privacy@kiteworks.com, you may contact us by mail at the following address:

Accellion, Inc.        
1804 Embarcadero Place, Suite 200
Palo Alto, CA 94303
Attn:  Privacy Compliance

© .  Accellion, Inc. All rights reserved.
Last Updated On: May 29, 2018