1. Privacy Policy.
Welcome to https://shade.inc and/or https://app.shade.inc (each a "Site") and our Shade Desktop Application ("Desktop"), hosted by Shade Inc. ("Shade", "we", "us" and/or "our"). Shade provides a platform for file management across local storage, network-attached storage, and cloud-storage along with, related file encryption, sharing services, and analytical tools ("Services"). In order to provide our Site, Desktop and Services (collectively, "Platform"), we collect personal data from our customers ("Customers"). We also collect and/or host the personal data of our Customer's end users ("End Users") when our Customers' files are managed by Shade or our Customers use our Platform. Throughout this Privacy Policy, "personal information" or "personal data" refers to any information that is unique to an individual, such as name, address, email address, phone number, IP address and other information that can reasonably identify an individual. This Privacy Policy, covers how we collect, handle and disclose personal data on our Platform, including any affiliated websites, software or platforms owned or operated by Shade on which this Privacy Policy appears. This Privacy Policy does not cover the practices of companies we don't own or control or people we don't manage and does not cover any personal data of End Users that we process on behalf of our Customers. We recommend that you read this Privacy Policy carefully as it provides important information about your personal information and your rights under applicable law. If you have any questions, comments, or concerns regarding this Privacy Policy and/or our data practices, or would like to exercise your rights, do not hesitate to contact us at privacy@shade.inc or see our information below.
2. Who We Are and How to Contact Us.
Shade is a Delaware corporation with the following contact information: Shade Inc. 734 Broadway, Floor #4, New York, New York, 10003. You may contact us at privacy@shade.inc.
We may collect some of your personal data as a 'data controller' or 'business' when we determine the means and purpose of processing, such as when we process the personal data of our Site Visitors, Event Attendees and/or Customers, or as a 'data processor' or 'service provider' when we collect and process personal data on behalf of our Customers who use our Platform.
3. To Whom Does This Policy Apply.
Each Customer is responsible for posting its own terms, conditions, and privacy policies, and ensuring compliance with all applicable laws and regulations. This Privacy Policy applies to:
Customers: as noted above, this includes any individual who registers individually or on behalf of an entity or organization in order to use the Platform.
Site Visitors: visitors to our Site, including those who may also opt in to receive commercial communications from Shade. This does not include any visitors to our Customers' individual websites.
Event Attendees: Shade hosts and/or sponsors annual conferences and is an active participant at many other conferences, summits, and additional events (collectively, "Events"), and collects personal information from individuals when they attend (or register to attend) Events.
4. Children's Privacy.
Shade does not knowingly collect information from children under the age of 18. If you are under the age of 18, please do not submit any personal data through the Platform. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data on our Platform without their permission. If you have reason to believe that a child under the age of 18 has provided personal data to Shade through the Platform, please contact privacy@shade.inc and we will endeavor to delete that information from our databases.
5. Changes To This Privacy Policy.
This Privacy Policy was last updated on the date indicated below, but we suggest that you review it from time to time, as our Platform and our business may change. As a result, at times it may be necessary for Shade to make changes to this Privacy Policy. Shade reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. However, if we make changes that we believe will materially impact this Privacy Policy or your rights, we will promptly notify you of those changes. Your continued use of the Platform after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
6. What Information Do We Collect?
What personal information we collect and process depends on how and why you use our Platform. Generally, we process personal information that we receive:
Directly from you when you provide it to us, such as in connection with our Platform or Event registrations.
Indirectly, through automated technologies such as cookies, or from third parties.
6.1 Information We Collect Directly From You.
If you request more information, or sign up for our Platform, we will collect personal information as follows.
(a) Account Information.
When you register for a Shade customer account (including when you join for free) we collect your email address, certain profile information (such as an optional profile picture, your name, company name, and location), and login credentials. We may also request your telephone number. This information is your "Account Information" for the purposes of this Privacy Policy. Certain Account Information is required to identify you as a Customer and permit you to access your account(s). By voluntarily providing us with such Account Information, you represent that you are the owner of such personal data or otherwise have the requisite consent to provide it to us.
(b) Customer Payment Information.
You are not required to enter your credit card information unless and until you decide to continue with a paid subscription to our Platform. When you sign up for a paid version of the Platform, you must provide billing information. The information you will need to submit depends on which billing method you choose. In order to process your payment Information, we use PCI-compliant third-party processors, as explained in the Section on "Payment Processing" below. This information is processed by our payment service provider and we receive a confirmation of payment and select billing information (such as your billing address, payment type, and the last four digits of your payment card), which we then associate with your Account Information and any relevant transactions.
(c) Event Attendee Information.
We may collect personal information such as name, address, phone number and email address when participants register for or attend a sponsored Event or other events at which Shade (and/or its affiliates or representatives) may be present. What information is collected depends on the Event, but any personal information that Shade receives in connection with an Event is processed in accordance with this Privacy Policy.
(d) Optional Information.
We may also ask you to submit personal information if you choose to use interactive features of the Platform, including participation in surveys, promotions, requesting customer support, or otherwise communicating with us.
6.2 Information We Collect Indirectly.
(a) Device and Usage Information.
When you download, use or interact with the Site, even if you do not have an account, we, or authorized third parties engaged by us, may automatically collect information about your use of the Site via your device, some of which is considered personal information. "Device and Usage Information" that we collect consists of:
Information About your Device: information about the devices and software you use to access the Site -- primarily the internet browser or mobile device that you use, the website or source that linked or referred you to the Site, your IP address or device ID (or other persistent identifier that uniquely identifies your computer or mobile device on the Internet), the operating system of your computer or mobile device, device screen size, and other similar technical information.
Usage Information: information about your interactions with the Platform, including access dates and times, hardware and software information, device event information, log data, crash data, cookie data. This information allows us to understand the screens that you view, how you've used the Platform (which may include administrative and support communications with us), and other actions on the Platforms. We, or authorized third parties, automatically collect log data when you access and use the Platform, even if you have not created an account or logged in. We use this information to administer and improve the Platform, analyze trends, track users' use of the Platform, and gather broad demographic information for aggregate use.
Location Information: we use a third-party database to map the general location to which each IP address corresponds ("Location Information"). The Location Information that is mapped from an IP address is limited to country and city -- we do not identify precise location. We use Location Information in order to more effectively provide our Platform to our Customers.
(b) Cookies and Similar Technologies.
Shade uses cookies and similar technologies. Through our use of cookies (and similar technologies), we or authorized third parties collect some Device and Usage Information. We use the following types of cookies:
Essential Cookies. Essential cookies are required for providing you with features or services that you have requested. For example, certain cookies enable you to log into secure areas of our Platform. Disabling these cookies may make certain features and services unavailable.
Functional Cookies. Functional cookies are used to record your choices and settings regarding our Platform, maintain your preferences over time and recognize you when you return to our Platform.
Performance/Analytical Cookies. Performance/Analytical cookies allow us to understand how visitors use our Platform. They do this by collecting information such as the number of visitors to the Platform, what pages visitors view on our Platform and how long visitors are viewing pages on the Platform. These cookies help us better understand user of our Platform and can also help us measure our targeted advertising efforts.
Retargeting/Advertising Cookies. Retargeting/Advertising cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you.
Most internet browsers have an option for turning off the cookie feature, which may prevent your browser from accepting new cookies, as well as (depending on your browser software) allow you to decide on acceptance of each new cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Platform and functionalities may not work.
We also may use session replay technology in order to identify and resolve customer issues, to monitor and analyze how you use our Platform, to better understand user behavior, and to improve our Platform. By continuing to use the Platform, you consent to the use of session replay technology.
To find out more information about cookies generally, including information about how to manage and delete cookies, please visit http://www.allaboutcookies.org/.
(c) Information from Third Parties.
In some instances, we process personal information from third parties, which consists of data from our partners, such as transactional data from providers of payment services, advertising partners or information from third parties with whom we host or sponsor Events. From time to time, we may combine information we collect as described above with personal information we obtain from third parties. For example, we may combine information entered through a Shade sales submission with information we receive from a third-party sales intelligence platform to enhance our ability to market our Platform to Customers or potential Customers. If you provide your third-party account credentials, such as your social network account credentials, to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.
7. Payment Processing.
We do not directly collect your payment information and we do not store your payment information. We use third-party, PCI-compliant, payment processors, which collect payment information on our behalf in order to complete transactions. While our administrators are able to view and track actual transactions via customer portals.
8. Interactive and Public Spaces.
The Platform may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features ("Interactive and Public Spaces"). If you choose to participate in any of these Interactive and Public Spaces, please be aware that any information that you post may be read, collected, and used by others who access it. If you wish to remove your personal information from any of our Interactive and Public Spaces, please contact us at privacy@shade.inc.
9. How Do We Use Personal Information That We Collect.
We use your personal information for a number of different reasons, as further explained below.
In addition, for users located in the EEA and the UK, we must have a valid legal basis in order to process your personal data. The main legal bases under the European Union's General Data Protection Regulation (GDPR) that justify our collection and use of your personal information are:
Performance of a contract: When your personal information is necessary to enter into or perform our contract with you.
Consent: When you have consented to our use of your personal information via a consent form (online or offline).
Legitimate interests: When we use your personal information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
Other processing grounds: From time to time we may also need to process personal information to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects or to defend, prosecute or make a legal claim, or if it is necessary for a task carried out in the public interest.
Below are the legal bases for which we may collect, use, and disclose your personal information:
Contractual Necessity: We process the following categories of personal information as a matter of "contractual necessity":
Account Information
Customer Payment Information
Event Attendee Information
Legitimate Interest: We process the following categories of personal information when we believe it furthers the legitimate interest of us or third parties:
Account Information
Customer Payment Information
Event Attendee Information
Optional Information
Device and Usage Information
Information from Third Parties
We may also de-identify or anonymize personal information to further our legitimate interests.
Examples of these legitimate interests include (as described in more detail above):
Providing you access to and use of the Platform.
Processing and completing transactions, and sending you related information, including purchase confirmations and invoices and important notices.
Responding to your queries and requests, or otherwise communicating directly with you.
Improving the content and general administration of the Platform, including system maintenance and upgrades, enabling new features and enhancing both Site Visitor and Customer experience.
Detecting fraud, illegal activities or security breaches.
Providing our Platform to our Customers.
Hosting or sponsoring Events.
Ensuring compliance with applicable laws.
Conducting statistical analyses and analytics by monitoring and analyzing trends, usage, and activities in connection with the Platform.
Increasing the number of customers who use our Platform through marketing and advertising.
Sending commercial communications, in line with your communication preferences, about products and services, features, newsletters, offers, promotions, and events.
Consent: In some cases, we process personal information based on the consent you expressly grant to us at the time we collect such data. When we process personal information based on your consent, it will be expressly indicated to you at the point and time of collection.
10. When We Disclose Information.
We only disclose your personal information as described below.
10.1 Third-Party Service Providers.
Shade discloses users' information to our third party agents, contractors, or service providers who are hired to perform services on our behalf. These companies do things to help us provide the Platform, and in some cases collect information directly, for example as explained in Payment Processing above. Below is an illustrative list of functions for which we may use third-party service providers:
Hosting and content delivery network services
Analytics services
CRM providers
Lead generation partners
Marketing and social media partners
Customer support services
Payment processors
Hosting and content delivery network services
Functionality and debugging services
Professional service providers, such as auditors, lawyers, consultants, accountants and insurers
10.2 Business Transfers.
As we continue to grow, we may purchase websites, applications, subsidiaries, other businesses or business units. Alternatively, we may sell businesses or business units, merge with other entities and/or sell assets or stock, in some cases as part of a reorganization or liquidation in bankruptcy. As part of these transactions, we may provide or transfer your personal information to a third party if we undergo a merger, acquisition, bankruptcy, consolidation or other corporate reorganization.
10.3 Event Sponsors.
If you are an Event Attendee that has registered for an Event with Shade, we will provide your personal information to the Event sponsors. Such Event sponsors may use your personal information for their own direct marketing purposes and otherwise in accordance with the terms of the Event sponsors' own privacy policies.
10.4 Advertising Partners.
These parties help us market our Platform and provide you with other offers that may be of interest to you. They may include: ad networks, data brokers, marketing providers, and analytics providers who help with our lead generation or targeted advertising efforts.
10.5 Parties You Authorize, Access or Authenticate.
This includes third parties you access or interact with through the Platform, social media services, and other users.
10.6 Legal Obligations and Security.
In addition, Shade will preserve or disclose your personal information in limited circumstances (other than as set forth in this Privacy Policy), including but not limited to: (i) with your consent; (ii) when we have a good faith belief it is required by law, such as pursuant to a subpoena, warrant or other judicial or administrative order (as further explained below); (iii) to protect the safety of any person and to protect the safety or security of our Platform or to prevent spam, abuse, or other malicious activity of actors with respect to the Platform; (iv) to protect our rights or property or the rights or property of those who use the Platform; or (v) to comply with applicable law.
11. Data That is Not Personal Information.
We may create aggregated, de-identified, or anonymized data from the personal information we collect. We may use such personal information and disclose it to third parties for various purposes, including (i) compliance with reporting obligations; (ii) for business or marketing purposes; (iii) to assist us and other parties in understanding our users' interests, habits and usage patterns for certain programs, content, services, marketing and/or functionality available through the Platform, including to analyze, build and improve the Platform. We do not disclose personal information about you in this case.
12. Links to Third Party Sites.
This Privacy Policy applies only to the Platform. The Platform may contain links to other websites not operated or controlled by Shade ("Third Party Sites"). The policies and procedures we describe here do not apply to Third Party Sites, and links to such Third Party Sites on the Platform do not imply that Shade endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
13. "Do Not Track."
Shade does not respond to Do Not Track ("DNT") browser signals. For more information on DNT settings generally, please visit https://allaboutdnt.com.
14. How to Change Your Communication Preferences.
To keep your information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update any information in our possession that you have previously submitted via the Platform. Note that you may also manage your communications preferences and the receipt of any commercial communication by clicking the "unsubscribe" link included at the bottom of all emails from Shade. You may also adjust your preferences through your account settings if you have a Shade account, or send an email to privacy@shade.inc.
15. How Long Do We Keep Your Personal Information.
15.1 General Retention Periods.
We use the following criteria to determine our retention periods:
The amount, nature and sensitivity of your information;
The reasons for which we collect and process the personal data;
The length of time we have an ongoing relationship with you and provide you with access to our Platform; and
Applicable legal requirements.
We retain personal information for as long as needed to provide our Platform.
Note: However, that with respect to our Customers with active accounts, we may retain certain essential account information, but otherwise regularly delete other information that is less essential to the provision of our Platform in order to minimize our storage of data. We also will retain personal information that we've collected from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements) or are otherwise permitted to do so pursuant to applicable law. For example, we cannot delete information when it is needed for the establishment, exercise or defense of legal claims (also known as a "litigation hold"). In this case, the information must be retained as long as needed for exercising respective potential legal claims. When we no longer have an ongoing legitimate business need or lawful basis to process your personal information, we will either delete, de-identify, or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), we will securely store your personal information and isolate it from any further processing until deletion is possible in accordance with applicable law. For any questions about data retention, please contact privacy@shade.inc.
16. Data Security and Integrity.
We take steps that are reasonably necessary to securely provide our Platform. We have put in place reasonably appropriate security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We limit access to personal data only to those employees, agents, contractors and the third parties who have a business need-to-know. We also have procedures in place to deal with any suspected data security breach. If required by applicable law, we will notify you and any applicable regulator of a suspected data security breach. We also require those parties to whom we transfer your personal information to provide appropriate standards of security. Notwithstanding, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Platform may not be secure. Therefore, take special care in deciding what information you send to us via email. For any questions about the security of your information, please contact privacy@shade.inc.
17. Your California Privacy Rights.
If you are a California resident, California Civil Code Section 1798.83-1798.84 permits you to request in writing a list of the categories of personal information relating third parties to which we have disclosed certain categories of personal information during the preceding year for the third parties' direct marketing purposes and to prevent such disclosure. To make such a request, please contact us at privacy@shade.inc.
18. Notice to Nevada Consumers.
We do not sell your personal information within the scope of, and according to the defined meaning of, a "sale" under NRS 603A.
19. International Transfers.
Shade is a United States Delaware corporation and our primary storage of your information is in the United States and the EEA. To facilitate our global operations, we may process personal information from around the world, including from other countries in which Shade has operations, in order to provide the Platform.
If you are accessing or using our Platform or otherwise providing personal information to us, you are agreeing and consenting to the transfer and processing of your personal information to and in the United States and other jurisdictions in which we operate.
If you are a Customer, you are responsible for informing your End Users of how and where their personal data will be processed at the time of collection. In some circumstances, Shade relies on mechanisms such as the Standard Contractual Clauses and consent, to transfer personal data that we receive from the EEA or the UK to Shade in the United States.
20. Additional Information for Users in the EEA and the UK.
If the GDPR applies to you because you are in the EEA or the UK, you have certain rights in relation to your personal data: The right to be informed: our obligation to inform you that we process your personal data (and that's what we're doing in this Privacy Policy); The right of access: your right to request a copy of the personal data we hold about you (also known as a 'data subject access request'); The right of rectification: your right to request that we correct personal data about you if it is incomplete or inaccurate (though we generally recommend first making any changes in your Account Settings); The right to erasure (also known as the 'right to be forgotten'): under certain circumstances, you may ask us to delete the personal data we have about you (unless it remains necessary for us to continue processing your personal data for a legitimate business need or to comply with a legal obligation as permitted under the GDPR, in which case we will inform you); The right to restrict processing or withdraw your consent: your right, under certain circumstances, to ask us to suspend our processing of your personal data; The right to data portability: your right to ask us for a copy of your personal data in a common format (for example, a .csv file); The right to object: your right to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and Rights in relation to automated decision-making and profiling: our obligation to be transparent about any profiling we do, or any automated decision-making. Please note, we do not conduct any profiling or automated decision-making. These rights are subject to certain rules around when you can exercise them. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.
20.1 Exercising Your Rights.
If you are located in the EEA or the UK and you are a Customer, Site Visitor or Event Attendee, and wish to exercise any of the rights set out above, you may contact us at privacy@shade.inc using the term "DSR" as your email subject line. You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request under those circumstances, if it jeopardizes the rights of others, or if it is not required by applicable law.
If we cannot reasonably verify your identity, we will not be able to comply with your request(s). We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. Note that this is especially true when you engage a third party to assist you in exercising your rights. We will respond to all legitimate requests within the time frame required by applicable law. In addition, we will always balance your rights against those of other data subjects in connection with any requests, and in some cases this may require us to redact our responses or deny a request. Customers also can access, correct, export, or update their Account Information by editing their profile or organization record at https://shade.inc. We ask that Customers use this option as a first step when rectifying information. If you no longer wish to receive our marketing/promotional information, we remind you that you may withdraw your consent to direct marketing at any time directly from the unsubscribe link or mechanism included in each electronic marketing message we send to you. If you do so, we will promptly update our databases, and will take all reasonable steps to meet your request at the earliest possible opportunity, but we may continue to contact you to the extent necessary for the purposes of providing our Platform. Finally, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to address your concerns before you approach the supervisory authority, so please contact us directly first. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.
Note that we may also process personal data of our Customers' employees and End Users in connection with our provision of the Platform to Customers, in which case we are the processor of personal data. If we are the processor of your personal data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
21. End Users in the EEA or the UK.
Shade has no direct relationship with End Users. Our Customers are solely responsible for ensuring compliance with all applicable laws and regulations with respect to their End Users, and this includes handling all data subject requests. We rely on our Customers to comply with the underlying legal requirements and respond directly to End Users when End Users wish to exercise the rights set forth above. However, if an End User sends a request to Shade to access, correct, update, or delete his/her information, or no longer wishes to be contacted by a Customer that uses our Services, we will direct that End User to contact the Customer with which he/she interacted directly, and we cooperate with our Customers as required by applicable law to assist in fulfilling End Users' requests.
22. Contact Us.
If you have any questions or suggestions regarding this Privacy Policy, please contact us at privacy@shade.inc.
If you are located in the EU or UK, you may use the following information to contact our EU or UK-Based Member Representative:
EU: Instant EU GDPR Representative Ltd.
Telephone: +35315549700
Office 2, 12A Lower Main Street, Lucan Co. Dublin, Ireland K78 X5P8
UK: GDPR Local Ltd.
Telephone: +44 1772 217800
1st Floor Front Suite, 27-29 North Street, Brighton, England