Privacy Policy

(A)This Policy

This Policy is issued by Livedrive Internet Limited (operating as part of J2 Global®) on behalf of itself, its subsidiaries and its affiliates (together, “Company”, “we”, “us” and “our”) and is addressed to individuals outside our organisation with whom we interact, including customers, visitors to our Sites, users of our Apps, and other users of our services (together, “you”). Defined terms used in this Policy are explained in Section (S) below.

For the purposes of this Policy, Company is the Controller. This Policy covers the information practices relating to Company websites for the Livedrive brand and services ("Services") offered now or in the future. Contact details are provided in Section (R) below.

This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.

(B)Collection of Personal Data

Collection of Personal Data: We may collect Personal Data about you from the following sources:

•    Data you provide: We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card).

•    Files: In providing the Services, we collect and store the files you upload, download or access via our Sites. If you add a file to your Livedrive account that has previously been uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.

•    Relationship data: We may collect or obtain your Personal Data in the ordinary course of our relationship with you (e.g., if you purchase a service from us).

•    Data you make public: We may collect or obtain your Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).

•    App data: We may collect or obtain your Personal Data when you download or use any of our Apps.

•    Site data: We may collect or obtain your Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.

•    Registration details: We may collect or obtain your Personal Data when you use, or register to use, any of our Sites, Apps, or services.

•    Content and advertising information: If you choose to interact with any third party content or advertising on a Site or in an App, we may receive Personal Data about you from the relevant third party.

•    Third party information: We may collect or obtain your Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).

(C)Creation of Personal Data

We may also create Personal Data about you, such as records of your interactions with us, and details of your purchase history for internal administration purposes and analysis, including to better understand your needs and interests and to personalise and improve your experience.

(D)Categories of Personal Data we may Process

We may Process the following categories of Personal Data about you:

•    Personal details: given name(s); preferred name; and photograph.

•    Demographic information: gender; date of birth/age; nationality; salutation; job title/industry; and language preferences.

•    Contact details: correspondence address; telephone number; email address; and details of your public social media profile(s).

•    Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).

•    Purchase details: records of purchases and prices.

•    Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; and card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.

•    Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username; password; security login details; usage data; aggregate statistical information.

•    Employer details: where you interact with us in your capacity as an employee, the contact information of your employer (including name, address, telephone number and email address) to the extent relevant.

•    Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (including mouse hover, mouse clicks, any forms you complete (including incomplete forms not submitted) and any touchscreen interactions).

•    Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.

(E)Lawful basis for Processing Personal Data

In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:

•    Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);

•    Contractual necessity: We may Process your Personal Data where the Processing is necessary in connection with any contract that you may enter into with us;

•    Compliance with applicable law: We may Process your Personal Data where the Processing is required by applicable law;

•    Vital interests: We may Process your Personal Data where the Processing is necessary to protect the vital interests of any individual; or

•    Legitimate interests: We may Process your Personal Data where we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.

(F)Sensitive Personal Data

We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:

•    Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);

•    Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);

•    Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights; or

•    Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

(G)Purposes for which we may Process your Personal Data

The purposes for which we may Process Personal Data, subject to applicable law, include:

•    Provision of services to you: providing our Sites, Apps, and services to you; communicating with you in relation to those services, and providing you with promotional items at your request or in connection with those services or similar services.  

•    Our Sites and Apps: operating and managing our Sites and our Apps; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites and our Apps; identifying issues with our Sites and Apps and planning improvements to or creating new Sites and Apps; and notifying you of changes to any of our Sites, our Apps, or our services.

•    Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.

•    Communications and IT operations: management of our communications systems; operation of IT security systems; and IT security audits.

•    Financial management: sales; finance; corporate audit; and vendor management.

•    Surveys: engaging with you for the purposes of obtaining your views on our services.

•    Security: physical security of our premises (including records of visits to our premises; and CCTV recordings); and electronic security (including login records and access details).

•    Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.

•    Legal proceedings: establishing, exercising and defending legal rights.

•    Legal compliance: compliance with our legal and regulatory obligations under applicable law.

•    Improving our Sites, Apps, services: identifying issues with our Sites, our Apps, or our services; planning improvements to our Sites, our Apps, or our services; and creating new Sites, Apps, or services.

(H)Disclosure of Personal Data to third parties

We may disclose your Personal Data to other entities within the Company group, for legitimate business purposes (including operating our Sites and our Apps, and providing services to you), in accordance with applicable law. In addition, we may disclose your Personal Data to:

•    legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;

•    outside professional advisors (such as accountants, auditors, or lawyers), subject to binding contractual obligations of confidentiality;

•    third party Processors (such as payment services providers; data centres; etc.), subject to the requirements noted below in this Section (H);

•    Where you have purchased the Services through a Livedrive authorised retail electronic outlet (“Retail Outlet”) – we may disclose certain account information for billing and administration purposes, as well as for first line support services provided by such Retail Outlet.

•    any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;

•    any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;

•    any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganisation, dissolution or liquidation); and

•    any relevant third party provider, where our Sites and our Apps use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.

We will display your Personal Data in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated. Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account, however you can request that these are removed using the contact details in Section R below.

If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

(I)International transfer of Personal Data

In order to process your payment and administer the Services, we may need to transfer limited classes of your Personal Data (but not your files) within the Company group, and to third parties as noted in Section (H) above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

Where we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard Contractual Clauses. You may request a copy of our Standard Contractual Clauses using the contact details provided in Section (R) below.

Please note that when you transfer any Personal Data directly to a person or entity established outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive the data, in accordance with the provisions of this Privacy Policy.

(J)Data security

(K)Data accuracy

We take every reasonable step to ensure that:

•    your Personal Data that we Process is accurate and, where necessary, kept up to date; and

•    any of your Personal Data that we Process that you inform us is inaccurate (having regard to the purposes for which it is Processed) is erased or rectified.

If you are a registered user, you may review, update, correct or delete the Personal Data provided in your registration or account profile by changing your account settings.

(L)Data minimisation

We take every reasonable step to ensure that your Personal Data that we Process is limited to the Personal Data reasonably necessary in connection with the purposes set out in this Policy or as required to provide you services or access to our Apps and Sites.

(M)Data retention

We take every reasonable step to ensure that your Personal Data is only Processed for the minimum period necessary for the purposes set out in this Policy. We will retain your information for as long as your account is active or as needed to provide the Services. Your files will be deleted within 15 days after closure of your account.

The criteria for determining the duration for which we will keep your Personal Data (other than your files) are as follows: we will retain copies of your Personal Data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. In particular, we may retain your Personal Data for the duration of any period necessary to establish, exercise or defend any legal rights.

(N)Your legal rights

Subject to applicable law, you may have a number of rights regarding the Processing of your Relevant Personal Data, including:

•    the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of our Sites, our Apps, or our services, if you do not provide us with your Personal Data – e.g., we may not be able to process your orders without the necessary details);

•    the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of the Relevant Personal Data;

•    the right to request rectification of any inaccuracies in your Relevant Personal Data;

•    the right to request, on legitimate grounds:

o    erasure of your Relevant Personal Data; or

o    restriction of Processing of your Relevant Personal Data;

•    the right to object, on legitimate grounds, to the Processing of your Relevant Personal Data by us or on our behalf;

•    the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;

•    where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and

•    the right to lodge complaints with a Data Protection Authority regarding the Processing of your Relevant Personal Data by us or on our behalf.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (R) below. Please note that:

•    we may require proof of your identity before we can give effect to these rights; and

•    where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.

(O)Cookies and similar technologies

Cookie Policy
When you visit a Site or use an App we may place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Data through Cookies and similar technologies, in accordance with our Cookie Policy https://www2.livedrive.com/cookie-policy.

(P)Terms of Service

All use of our Sites, our Apps, or our Services is subject to the Terms of Service published on our Sites. We recommend that you review our Terms of Service regularly, in order to review any changes we might make from time to time.

(Q)Direct marketing

We may Process your Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding services that may be of interest to you. If we provide services to you, we may send information to you regarding our services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.

You may unsubscribe from our promotional email list at any time by following the unsubscribe instructions included in every promotional email we send. We will not send you promotional emails from a list you have selected to be unsubscribed from, but we may continue to contact you to the extent necessary for the purposes of any services you have requested or from additional lists you have signed up under.

(R)Contact details

Please contact us using the web form at https://dsar.livedrive.com to submit a Data Subject Access Request; to submit a Data Subject Erasure Request; to exercise other rights regarding your data; to provide any comments, questions or concerns about any of the information in this Policy; or to raise any other issues regarding the Processing of Personal Data carried out by us. Your request will be routed to our privacy team.

You may also contact us as follows:

Livedrive Internet Ltd
700 S. Flower St
15th Floor
Los Angeles
CA 90017
Attn: Legal Department
Email: [email protected]

Our Data Protection Officer may be contacted at [email protected]

(S)Definitions

•    “App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).

•    “Adequate Jurisdiction” a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.

•    “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.

•    “Controller” means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.

•    “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.

•    “EEA” means the European Economic Area.

•    “Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.

•    “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

•    “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).

•    “Relevant Personal Data” means Personal Data in respect of which we are the Controller. It expressly does not include Personal Data of which we are not the Controller.

•    “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.

•    “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.

•    “Site” means any website operated, or maintained, by us or on our behalf.

(T)California Consumer Privacy Act Addendum

In accordance with the California Consumer Privacy Act, if you are a consumer residing in California the following addition terms apply to you.

(1) Right to Know About Information Collected, Disclosed or Sold

You have the right to request that we disclose what personal information we collect, use, disclose, and sell. To submit a verifiable request, please visit https://dsar.livedrive.com or email [email protected] or [email protected].

If you have an account with us, we will verify the request by confirming the email address used to make the request is the same as the email address on file for the account. If you do not have an account with us, we will verify the request by sending an email to the email address used to make the request.

The categories of California consumers’ personal information we may collect are listed above in Section (D) (“Categories of Personal Data”).

With reference to section (D) above, we collect the following categories of data from our customers: personal details; demographic information; contact details; consent records; purchase details; payment details; data relating to our Sites and Apps; employer details; content and advertising data; and views and opinions of our customers. We use this data for the purposes listed above in Section (G) (“Purposes for which we may Process your Personal Data”).

With further reference to section (D) above, we collect the following categories of data from website visitors: data relating to our Sites; employer details; content and advertising data; and the views and opinions of website visitors. We use this data for the purposes listed above in Section (G) (“Purposes for which we may Process your Personal Data”).

We confirm we have not sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. We confirm we do not sell personal information of minors under 16 years of age without authorisation. We may disclose the categories of Personal Information listed in Section (G) to our vendors and service providers for a business purpose.  

(2) Right to Request Deletion of Personal Information

You have the right to request deletion of Personal Information collected or maintained by us. To do so, please submit a request via https://dsar.livedrive.com, by emailing [email protected] or [email protected], or by calling +1 267 702 3992.

If you are a current or former customer submitting a request by web form or email, please provide sufficient information to identify your account, including your email address on file with us. You may be asked to verify your identity by responding to us with the email address on file for the account.

If you are not a current or former customer, we may ask for proof of identity sufficient to show you are the same consumer about whom we have collected personal information that you are requesting to be deleted.

(3) Right to Opt-Out of the Sale of Personal Information 

You have the right to opt-out of the sale of your personal information by a business. Pursuant to California law, because we do not and will not sell your personal information, we do not offer such an opt-out at this time.

(4) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights 

You have the right not to receive discriminatory treatment by the business for the exercise of the privacy rights conferred by the California Consumer Privacy Act. 

(5) Authorised Agent 

If you would like to make a request under the California Consumer Privacy Act on behalf of a California consumer who is a current or former customer, please provide an email from the email address we have on file for the customer authorising the request.

You may also make a request under the California Consumer Privacy Act on behalf of a California consumer if you provide (1) a signed, written permission from the consumer to act on their behalf, and the consumer verifies their own identity directly with us; or (2) proof that the consumer has provided you with power of attorney pursuant to Probate Code sections 4000 to 4465.  

We may deny a request from an agent that does not submit proof that they have been authorised by the consumer to act on their behalf.

(6) Contact for More Information
 
If you have any questions or concerns about our privacy policies and practices, you may contact us via https://dsar.livedrive.com or [email protected] or [email protected], or by calling +1 267 702 3992.

(7) Date Privacy Policy Last Updated

Our Privacy Policy was last updated as of the date indicated at the beginning of the policy.