Privacy Policy (Last Updated: May 2019)

This privacy policy sets out how Storage Whale, LLC and its family of affiliated companies (hereinafter collectively “Storage Whale”) uses and protects any information that you give Storage Whale (“Customer Information”), when you use Storage Whale’s products and services or access its website or web portal. By using Storage Whale’s products, services, or website, you consent to the data we collect and how we use and share it in accordance with this Privacy Policy. If you do not agree with the data we collect, and how we use and share it, you should not use the Storage Whale products, services, or website.

CHANGES TO STORAGE WHALE’S PRIVACY POLICY

As laws and best practices evolve, this Privacy Policy will likely change. By continuing to access Storage Whale’s websites or using Storage Whale’s products and services, users and customers acknowledge and accept the Privacy Policy as revised.  Storage Whale will provide email notification to customers and users if changes to the Privacy Policy are material. We encourage periodic review of the Privacy Policy for the latest information on our privacy practices.    

WHAT DATA WE COLLECT  

Storage Whale customers and users voluntarily provide us with data, including data that can be used to identify, either directly or indirectly, an individual (“Personal Data”) when they purchase or use Storage Whale products and services (together, “Products and Services”) and access the Storagewhale.com website or portals (“Websites” or “Portals”). 

Data Provided by Users and Customers.

  • Name, address, email, telephone number, username and password (collectively "Account Information")
  • Credit card, debit card, banking or other payment information
  • Information submitted as a result of completing forms on our Websites or Portals, entering a promotion or survey or subscribing to, commenting on or downloading information from our Websites or Portals
  • Customer content stored, processed, maintained or transmitted using our Products and Services
  • File system information such as stored file folder names, file extensions, file sizes, and the configuration of any device registered for use in connection with the Products and Services, including any hardware delivered as part of the Products and Services (each a "Device")
  • Technical information as a result of configuring the Products and Services, including IP addresses, browser-type, device-type, internet service provider, referring or exiting pages, operating system, date and time stamp or clickstream data
  • Any other information shared with us directly or indirectly through a customer’s or user’s use of the Products and Services, Websites or Portals

Storage Whale processes data, including Personal Data, for a variety of purposes, such as: 

  • With customer or user consent, e.g., to receive marketing materials
  • Where the processing is necessary for the performance of a contract, e.g., to facilitate backing-up and restoring data, for archiving purposes, or to provide technical support
  • Where necessary to comply with law
  • Where the processing is necessary for the purposes of our legitimate interests, taking into account individual interests. Our legitimate interests include providing the Products and Services, internal record-keeping and administrative purposes and to operate, maintain and improve the Websites or Portals

HOW WE USE COOKIES AND OTHER TECHNOLOGIES

We use certain automatic data collection technologies such as cookies, web beacons, pixel tags and other technologies to collect data, including Personal Data, when users or customers visit the Websites or Portals, use the Products and Services or interact with us, and may share this data with our third-party marketing vendors (including for example, advertising networks and providers of external services like web traffic analysis services and analytics tools). We explain these technologies below.

Cookies. Cookies are small text files placed on a computer by a web server when browsing online and are used to store user preference data so that a web server doesn't have to repeatedly request this information. A user may block cookies by activating the settings on the browser that blocks all or some cookies. However, if a user blocks all cookies (including strictly necessary cookies), a user may not be able to access all or parts of our Websites or Portals. We use the following cookies: 

  • Strictly Necessary Cookies. These cookies are required for the operation of our Websites and Portals. They include, for example, cookies that enable a customer to log-in to secure areas of our Websites and Portals and use e-commerce.
  • Analytical and Performance Cookies. These cookies allow us to recognize and count the number of users visiting our Websites and Portals and see how those users navigate our Websites or Portals. This helps us to improve our Websites and Portals.
  • Functionality Cookies. These cookies recognize a user that returns to our Websites or Portals. This enables us to personalize our content, greet the user by name and remember preferences, for example, choice of language or region.
  • Targeting Cookies. These cookies record visits to our Websites or Portals and the links followed. We use this information to improve our Websites or Portals and ensure the advertising displayed is relevant to users.

LINKS TO OTHER WEBSITES
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

 

WHEN AND WHY WE SHARE YOUR PERSONAL DATA

We do not and will not sell Personal Data to marketers or other vendors and we do not access customer stored data that is protected by our Products and Services for marketing purposes. 

We may share data, including Personal Data, in the following circumstances:

Service Providers. Storage Whale may share data, including Personal Data, with our contracted third-party service providers ("Service Providers") in order to provide our Products and Services, Websites or Portals.  We may share Personal Data with Service Providers who administer surveys and perform user analysis to better understand user needs and preferences. These Service Providers include  business partners, payment and delivery services, advertising networks, analytics providers, credit reference agencies, social media companies, email distributors, marketing automation partners, customer survey companies, data storage and hosting partners, IT specialists and product developers.

Legal Purposes. Storage Whale may share data, including Personal Data, as necessary to comply with applicable law, court orders, governmental agencies, for the administration of justice, to protect vital interests, to protect the security or integrity of Storage Whale’s databases, products and services, websites, or to take precautions against legal liability.

Sale. In the event of a merger, consolidation, or acquisition of all, substantially all or a portion of Storage Whale’s business or assets, Storage Whale may share data, including Personal Data. Customers and users acknowledge and agree that data, including encrypted stored data and Personal Data that Storage Whale has collected, may be securely shared, disclosed and transferred to such successor or assignee.

OPT OUT

Customers and users can opt-out of receiving marketing and promotional communications from Storage Whale by mailing a request to Storage Whale at: Storage Whale Customer Service, 145 West 7200 South, Suite A, Midvale, Utah 84047. We will continue to process Personal Data for the limited purpose of delivering operational and service-related communications relating to purchases, changes to products or services or policies, and other purposes as permitted by law.

RETENTION OF DATA

We may retain data, including Personal Data, for as long as necessary to deliver the Products and Services or as needed for other lawful purposes. We may retain anonymized or pseudonymized, aggregated data indefinitely or to the extent permitted under applicable law.

YOUR RIGHTS

Subject to applicable data protection laws, customers and users have the following rights with respect to Storage Whale’s handling of Personal Data:

  • Access. The right to access Personal Data held by Storage Whale.
  • Rectification. The right to request correction of Personal Data that is incomplete, incorrect, unnecessary or outdated.
  • Right to be Forgotten. The right to request erasure of all Personal Data that is incomplete, incorrect, unnecessary or outdated within a reasonable period of time. Storage Whale will do everything possible to erase Personal Data if a user or customer so requests. However, Storage Whale will not be able to erase all Personal Data if it is technically impossible due to limitations of existing technology or for legal reasons, such as Storage Whale is mandated by applicable law to retain Personal Data.
  • Restriction of Processing. The right to request restriction of processing Personal Data for certain reasons, provided Storage Whale does not have an overriding, legitimate interest to continue processing.
  • Data Portability. If requested, Storage Whale will provide Personal Data in a structured, secure, commonly used and machine-readable format.
  • Right to Withdraw Consent. If Personal Data is processed solely based on consent, and not based on any other legal basis, customers can withdraw consent at any time.
  • Data Protection Contact. The right to contact the relevant data protection regulator regarding Storage Whale’s handling of Personal Data.

To exercise any of the above listed rights, contact customer support at: STORAGE WHALE, Attn: Privacy, 145 West 7200 South, Suite A, Midvale, Utah 84047. Storage Whale will process requests in accordance with applicable law and within a reasonable period of time.

REGARDING CHILDREN

Storage Whale does not knowingly collect or distribute any Personal Data from children under 13 years old. If a child under 13 has provided Storage Whale with Personal Data, the parent or guardian of that child should contact Storage Whale immediately at  145 West 7200 South, Suite A, Midvale, Utah 84047, to delete this Personal Data.

SECURITY

Storage Whale and its third-party cloud storage providers have reasonable and appropriate technical and organizational security measures in place to protect against unauthorized processing, loss, misuse and alteration of Personal Data under its control, including: (a) pseudonymization (such as where data is separated from identifiers so that linkage to an identity is not possible without additional information that is stored separately) and encryption, (b) ensuring the ongoing confidentiality, integrity, availability and resilience of systems and services used to process Personal Data, and (c) ensuring a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational security measures. Please be advised that we cannot, and we do not believe that anyone can, genuinely guarantee or warrant absolute security of Personal Data disclosed or transmitted via the Internet to us or a third-party. As a result, absent Storage Whale’s gross negligence, customers and users agree to not hold Storage Whale responsible for the theft, destruction, loss, damage or inadvertent disclosure of Personal Data or other data provided to Storage Whale.

DISPUTE RESOLUTION

Every Storage Whale customer or user agrees that any dispute or claim against Storage Whale 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 the American Arbitration Association Commercial Rules, 1 arbitrator, with exclusive venue in Salt Lake County, State of Utah, USA. By using Storage Whale’s products or services or accessing the Storage Whale website, customers and users agree to not participate in or seek to recover monetary or other relief in any lawsuit filed against Storage Whale alleging class, collective and/or representative claims. Instead, by agreeing to arbitration, customers and users may bring claims against Storage Whale in an individual arbitration proceeding. Claims of more than one individual cannot be arbitrated or consolidated with those of any other individual. Customers and users acknowledge the advisement to consult with an attorney in deciding whether to accept this Privacy Policy prior to using the Storage Whale products, services or website including this arbitration agreement. If any provision of this Privacy Policy is held to be invalid, the remaining provisions shall not be affected.