Privacy Policy
Last updated
Effective date
Duplicati ("the company," "we", “us” or "our") provides tools and services to enable use of the Duplicati Open Source project. This Privacy Policy describes how the company processes personal information that we collect through our digital or online properties or services that link to this Privacy Policy (collectively, the “Service”).
Our products and services are intended for business customers and personal use. This Privacy Policy does not apply to information that we process on behalf of our business customers while providing the Service, which is governed by our agreements with those business customers. For customers that have executed a Business Associate Agreement with us, that agreement governs our handling of Protected Health Information under HIPAA. If you have concerns regarding personal information that we process on behalf of a business, please direct your concerns to them.
Index
Personal information we collect
Tracking technologies
How we use your personal information
How we share your personal information
Your choices
Other sites and services
Security
International data transfers
Notice to users in the EU, UK and Switzerland
Notice to users in Canada
Children
Changes to this Privacy Policy
How to contact us
Personal information we collect
Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:
Contact data, such as your first and last name, salutation, email address, physical address, professional title and company name, and phone number.
Communications data based on our exchanges with you, including when you contact us through the Service, social media, or otherwise.
Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history.
Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
Third-party sources. We may combine personal information we receive from you with personal information falling within one of the categories identified above that we obtain from other sources, such as:
Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
Service providers that provide services on our behalf or help us operate the Service or our business.
Third-party services, such as services that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service. Our use and disclosure of information received from the service's APIs will adhere to their user data policy, including the Limited Use requirements.
Google User Data will be handled according to the above mentioned policy on third party sources of data for users who authenticate or sign up with Google. Google user data will be retained for ACTIVE USERS as long as you maintain an active account. DEACTIVATED USERS Google user data will be retained a maximum of 12 months following the deactivation of your account, after which your Google User Data will be deleted.
Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:
Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.
For more information concerning our automatic collection of data, please see the Tracking technologies section below.
Tracking technologies
Cookies and other technologies. Some of the automatic collection described above is facilitated by the following technologies:
Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
For information concerning your choices with respect to the use of tracking technologies, see the Your choices section below.
How we use your personal information
We may use your personal information for the following purposes or as otherwise described at the time of collection:
Service delivery and operations. We may use your personal information to:
provide the Service;
enable security features of the Service;
communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;
provide support for the Service, and respond to your requests, questions and feedback.
Marketing. We, our service providers and our third-party partners may collect and use your personal information for marketing purposes, such as to send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-out of communications section below.
Compliance and protection. We may use your personal information to:
comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
Service improvement and analytics. We may use your personal information to analyze your usage of the Service, improve the Service, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services. For example, we use Google Analytics for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout?hl=en.
Cookies and other technologies. In addition to the other uses included in this section, we may use the Cookies and other technologies described above for the following purposes:
Technical operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service.
Functionality. To enhance the performance and functionality of our services.
Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. For example, we use Google Analytics for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout?hl=en.
To create aggregated, de-identified and/or anonymized data. We may create aggregated, de-identified and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you and we will not attempt to reidentify any such data. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, to the extent that such uses and sharing are in compliance with applicable laws, including to analyze and improve the Service and promote our business.
How we share your personal information
We may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.
Affiliates. Any corporate parent, subsidiary, or affiliate of Duplicati Inc, if one exists in the future; Duplicati Inc currently has none.
Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).
Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe. Stripe may use your payment data in accordance with its privacy policy, https://stripe.com/privacy.
Linked third-party services. If you log into the Service with, or otherwise link your Service account to, a third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.
Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.
Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in the company, financing of the company, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of the company as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.
Your choices
Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us (see How to contact us below). Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.
Cookies and other technologies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. You can also configure your device to prevent images from loading to prevent web beacons from functioning.
Blocking images/clear gifs. Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings.
Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.
Other sites and services
The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
Security
We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
International data transfers
We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.
EU-US, UK, and Swiss-US Data Privacy Framework. Duplicati Inc complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Duplicati Inc has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. DPF Principles with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension, and to the Swiss-U.S. DPF Principles with regard to personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
Data covered. The personal data we receive in reliance on the DPF includes the account, contact, device, usage, and communications data described in this Privacy Policy, and personal data we process on behalf of our business customers in providing the Service, including the HR data of our own EU-based staff.
Your rights. Individuals in the EU, UK, and Switzerland have the right to access the personal data we hold about them, and to correct, amend, or delete it where it is inaccurate or has been processed in violation of the Principles, by contacting us as described below. You may also opt out of (i) disclosure of your personal data to third parties other than our service providers, and (ii) use of your personal data for a purpose materially different from the one for which it was collected. We do not disclose personal data to third parties for those purposes except as described in this Privacy Policy.
Onward transfers. We may transfer personal data to third-party service providers that process it on our behalf, listed in our Data Processing Agreement. We require them by contract to provide the same level of protection as the Principles. Duplicati Inc remains responsible under the Principles if a service provider processes personal data in a manner inconsistent with them, unless we prove we are not responsible for the event giving rise to the damage.
Disclosure to public authorities. Duplicati Inc may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Enforcement and recourse. Duplicati Inc is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In compliance with the DPF Principles, Duplicati Inc commits to resolve complaints about our collection or use of your personal data. EU, UK, and Swiss individuals with inquiries or complaints should first contact us at the address below; we will respond within 45 days. Duplicati Inc has further committed to cooperate with the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner's Office (ICO), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the DPF. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed it to your satisfaction, please contact the relevant DPA, the ICO, or the FDPIC for more information or to file a complaint; their services are provided at no cost to you. Under certain conditions, more fully described on the DPF website at https://www.dataprivacyframework.gov/, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Human resources data. In compliance with the EU-U.S. DPF, Duplicati Inc commits to cooperate and comply with the advice of the panel established by the EU data protection authorities (DPAs) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF in the context of the employment relationship. This recourse is available to the affected individual free of charge.
Standard contractual clauses. Where the DPF does not apply, we rely on standard contractual clauses approved by the European Commission, the UK Addendum, or another valid transfer mechanism, as described in our Data Processing Agreement.
Notice to users in the EU, UK and Switzerland
This section applies if you are in the European Economic Area, the United Kingdom or Switzerland and supplements the rest of this Privacy Policy. Where we process personal data on behalf of a business customer (for example, data contained in the backups or backup reports of a Duplicati Console organization), that customer is the controller and we act as its processor under our Data Processing Agreement; please direct requests about that data to the customer.
Controller. Duplicati Inc, 548 Market Street, PMB 28852, San Francisco, CA 94104-5401, United States, is the controller of the personal data described in this Privacy Policy. You can reach us at privacy@duplicati.com.
Representative. We value your privacy and your rights as a data subject and have therefore appointed Prighter Group with its local partners as our privacy representative and your point of contact for the European Union (EU), the United Kingdom (UK) and Switzerland. Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative, Prighter, or make use of your data subject rights, please visit https://app.prighter.com/portal/duplicati. Our representative under Article 27 GDPR is Prighter EU Rep GmbH, Schellinggasse 3, 1010 Vienna, Austria, together with its Prighter Group partner entities in Ireland and Germany; under Article 27 UK GDPR, Prighter Ltd, 20 Mortlake High Street, London SW14 8JN, United Kingdom; and under Article 14 of the Swiss Federal Act on Data Protection, Prighter CH GmbH, Obergrundstrasse 17, 6003 Lucerne, Switzerland.
Legal bases. We process personal data on the following legal bases: performance of a contract with you (Article 6(1)(b)) to provide the Service, manage your account, process payments and provide support; compliance with our legal obligations (Article 6(1)(c)) for tax and accounting records and for responding to lawful requests; our legitimate interests (Article 6(1)(f)) in securing the Service, preventing fraud and abuse, improving the Service, communicating with existing customers about related products, and enforcing our terms, where those interests are not overridden by your rights; and your consent (Article 6(1)(a)) for non-essential cookies and for marketing communications where consent is required. You may withdraw consent at any time without affecting the lawfulness of processing before withdrawal.
Retention. We keep account and Console data for as long as your account is active and delete it within 30 days after the account is terminated. Backup reports are kept for up to three years or until you delete them. Encrypted backup data on Duplicati-provided storage is deleted within 30 days after the subscription ends or you delete it. Billing and transaction records are kept for as long as tax and accounting law requires. Support correspondence is kept for three years after the ticket is closed. Console audit logs are kept for six years to meet our regulatory obligations. Where we retain data for a legal claim or obligation, we keep it only for as long as that purpose requires.
Your rights. You have the right to request access to your personal data and a copy of it; to have inaccurate data corrected; to have your data erased; to restrict our processing; to receive the data you provided to us in a portable format; and to object to processing based on our legitimate interests. You may object to direct marketing at any time, and we will stop. We do not make decisions about you based solely on automated processing that produce legal or similarly significant effects. To exercise these rights, email privacy@duplicati.com. We may ask you to verify your identity before responding, and we will respond within one month, which we may extend by up to two further months for complex requests, in which case we will tell you.
Complaints. If you believe our processing infringes data protection law, you have the right to lodge a complaint with a supervisory authority, in particular in the EU member state of your residence, place of work or the place of the alleged infringement; with the Information Commissioner's Office if you are in the UK; or with the Federal Data Protection and Information Commissioner if you are in Switzerland. We would appreciate the chance to address your concern first.
International transfers. We are established in the United States, so personal data we collect from you is transferred to and processed in the United States, and some of our service providers also process data there. The safeguards we rely on are described in the International data transfers section above. Our current list of service providers that process personal data on our behalf, their locations and the transfer mechanism for each, is published at https://duplicati.com/legal/duplicati-sub-processor-list.
Notice to users in Canada
Accountability. Duplicati Inc is responsible for personal information under its control and has designated its Security and Privacy Officer as the person accountable for compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar provincial laws. You can reach that officer at privacy@duplicati.com.
Processing outside Canada. Personal information we collect is processed and stored in the United States and the European Union, and may be processed by the service providers listed at https://duplicati.com/legal/duplicati-sub-processor-list in the locations stated there. While outside Canada, it is subject to the laws of those jurisdictions and may be accessible to their courts, law enforcement and national security authorities. Customers using Duplicati-provided backup storage may select a Canadian storage location for their backup data; Console metadata is stored in the European Union regardless of that choice.
Consent and purposes. We collect, use and disclose personal information only for the purposes described in this Privacy Policy, with your consent or as permitted or required by law. Where we process personal information on behalf of a business customer, that customer is accountable for obtaining the necessary consents and we act on its instructions under our Data Processing Agreement.
Access, correction and complaints. You may request access to the personal information we hold about you, ask us to correct it, or withdraw consent subject to legal and contractual restrictions, by emailing privacy@duplicati.com. We respond within 30 days. If you are not satisfied with our response, you may contact the Office of the Privacy Commissioner of Canada or the privacy regulator in your province.
Children
The Service is not intended for use by anyone under 16 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.
How to contact us
Email: privacy@duplicati.com for privacy requests and questions; info@duplicati.com for general enquiries
Mail: Duplicati Inc, 548 Market Street, PMB 28852, San Francisco, CA 94104-5401
