Privacy Policy

Effective Date: February 11, 2014

We at Continuuity, Inc. (“Continuuity,” “we,” “us,” or “our”) created this privacy policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy explains the information collection, use, and disclosure practices of Continuuity in connection with our website located at www.continuuity.com and its features, as well as any applications, downloads, widgets or online services that post a link to this Privacy Policy, whether accessed via computer, mobile device or otherwise, including without limitation the Continuuity Development Kit and Sandbox Reactor, and any web pages and functionality provided therein (collectively, the “Site”). This Privacy Policy only covers information collected through the Site and does not cover any information collected at any other web site or offline by Continuuity (unless specifically stated). Use of the Site and of all Continuuity services is also governed by Continuuity’s End User License Agreement, the Continuuity Sandbox Reactor Trial Agreement, and/or other customer agreements.

Please review this Privacy Policy carefully. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

Table of Contents

Safe Harbor Certification.

In light of the international nature of our business, Continuuity complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. For more information about the Safe Harbor program, please visit http://www.export.gov/safeharbor/.

Information We Collect.

The Site may ask you to provide certain personally identifiable information, which is information that may reasonably be used to identify you as a specific individual (“Personal Information”), such as your name, e-mail address, username, address, and phone number. For instance, the Site may ask you to provide certain Personal Information when you submit a request to download the Continuuity Reactor Development Kit or when you sign up to become a Registered User. We may also request additional information about you, such as payment information, demographic information (your gender, ZIP code or similar information), or certain information about your preferences and interests. If we combine demographic or similar information with the Personal Information we collect, we will treat the combined information as Personal Information under this Privacy Policy.

We do not collect any Personal Information from you unless you voluntarily provide it to us.

Like most web sites, we and our service providers may use a variety of technologies that automatically or passively collect information when you access our Site (“Usage Information”). We may use Usage Information for a variety of purposes, such as to improve the Site and our products and services, to track your use of our Site, and to collect certain basic information about you and your surfing habits. Usage Information may include information about your operating system, browser type and language, information regarding referring URLs or advertisements, exit pages and URLs, keywords, date and time of access, amount of time spent on particular pages or areas of the Site, the sections of the Site you access, and similar information concerning your use of the Site services. Usage Information also includes the IP address or other unique identifier (“Device Identifier”) for any computer, mobile phone or other device (any of which are referred to herein as a “Device”) used to access the Site. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the Device used to access the Site. Usage Information is generally non-identifying, but if we associate it with you in a personally identifying manner, we will treat it as Personal Information. Automatic data collection may be performed on our behalf by our service providers

The methods we use to collect Usage Information include the use of cookies, web beacons (also called pixel tags or clear GIFs), and embedded scripts. Cookies are small packets of data that a web site stores on your computer’s hard drive so that your computer will “remember” information about your visit, such as your preferences on the Site, visits to certain pages on the Site, and your login information. Web beacons are graphics or other data, which may be invisible to you, with a unique identifier, similar in function to cookies, and are used on the Site and in emails we send to track the online movements of users of the Site. You can reject cookies by following the directions provided in your Internet provider’s “help” file. If you reject cookies, you may still access the Site, but may not be able to use some aspects of the Site and/or the services. An embedded script is programming code that is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter. Embedded scripts are designed to collect information about your interactions with the Site, such as the links you click on.

We may work with certain third parties (including analytics providers) to track and collect data about the use of the Site and the services, including information about the version of the Site and the services, that will help us analyze and evaluate how the Site and the services are used. Some of these third parties may collect information about you, including but not limited to your online activities over time and across different Web sites, when you access the Site or other online websites and services. These third parties may set and access their own tracking technologies (including cookies and web beacons) and may otherwise collect or have access to your Device Identifier, Usage Information and related information about you.

Community Features and User Content.

The Site may provide you the opportunity to participate and post content publicly through chat rooms, forums, interactive features, or other communication functionality (“Community Features”). We may provide functionality for you to submit or post text (including questions, comments, and suggestions), photographs, audio, videos, or other content (collectively, “User Content”) through Community Features, by linking the Site to a third-party service, or otherwise. Please note that certain information, such as your username and profile picture, may be publicly displayed on the Site along with your User Content. User Content consisting of uploaded files may contain metadata, which may contain Personal Information or other information about or relating to you. You may wish to remove metadata from your file(s) before transmitting such file(s) to us.

Note that anything you post through Community Features is public -- others will have access to your User Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information, that information will be considered public information and the protections of this Privacy Policy will not apply. If you submit User Content, it may be published online or offline at any time. In addition, we may use your User Content and any excerpt from your User Content in connection with our advertising, marketing, publicity and promotional activities.

Information Third Parties Provide About You.

We may receive information about you from third parties. For example, if you are on another web site and you opt-in to receive information from us, the other web site will forward your contact and other information to us so that we may contact you as requested. We may combine the information we receive from third parties with Personal Information we collect through the Site. In those cases, we will apply this Privacy Policy to the combined information.

Third Party Social Features.

Functionality on the Site may permit a variety of interactions with third party websites, features or applications. If you choose to “like” or “share” content, interact with a third party’s features on a service, or to otherwise post information from or via the Site to a third party website, feature or application, that information may become public and the third party may have access to information about you and your use of the Site. If you post information on a third party platform that refers to Continuuity or the Site (e.g., by using a Twitter hashtag associated with Continuuity in your tweet), your post, user name and/or profile picture associated with the applicable social media account may be published on the Site in accordance with the terms of that third party.

You may also choose to participate in a third party application or feature (such as one of our Facebook applications or a similar application or feature on a third party web site) through which you allow us to collect (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connection’s” web page, profile page, or similar page on a social networking or other third party web site or interactive service.

Hosted Data and Development Data.

Through the Service, Registered Users may upload their Big Data apps to the Continuuity Sandbox Reactor and create, store or transmit data, including Personal Information, through the Sandbox Reactor (“Hosted Data”). Users and visitors may also upload information of various kinds, including Personal Information, to the Continuuity Reactor Development Kit (“Development Data”). We do not take active part in collecting Hosted Data or Development Data – we are merely acting as a passive recipient of Hosted Data and Development Data. We may access metadata and aggregated usage data of Hosted Data and Development Data, including in connection with the “phone-home” capability described below, to measure the volume of your Hosted Data and Development Data and collect other usage metrics, and as otherwise described in this Privacy Policy, in the Terms of Use, or in any other contract you have with Continuuity. Please note that Continuuity may be compelled by law to disclose Hosted Data or Development Data to governmental authorities in certain circumstances, and such disclosures may be carried out without notice to you.

Additionally, the Continuuity Development Kit may include a “phone-home” capability, which allows for a better user experience by enabling Continuuity to monitor Development Kit usage and check for updates. The “phone-home” capability is turned off by default and will require you to opt-in before usage data is collected.

How We Use Your Information.

We may use your Personal Information and the Usage Information in a manner that is consistent with this Privacy Policy and the context of our relationship with you. We will use the Personal Information and Usage Information collected through this Site for the following purposes:

  • To provide you with the Site and the services and provide related customer service, such as responding to your questions, complaints, and comments;
  • To process your registration with the Site and the services, including verifying that your email address is valid;
  • To provide you with information, products, or services that you have requested or agreed to receive;
  • To send you special offers from us, our advertisers, or third-party business partners;
  • To process a transaction you initiate;
  • To send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving from us or the Site, for billing and collection purposes, and, in our discretion, regarding changes to the Site’s policies or functionality;
  • For any other purposes disclosed at the time the information is collected or to which you consent; and
  • As otherwise specifically described in this Privacy Policy.

We may also use your information to improve our Site and other products and services we may offer, and we may use cookies and other information to enable us to customize your user experience.

How and When We Disclose Information to Third Parties.

We may disclose to third parties non-personally identifiable information (such as aggregate data regarding user behavior, overall patterns regarding use of the Site, or demographic reports), that do not describe or identify any individual user, in our discretion and without restriction.

In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as described in this Privacy Policy (including in the section entitled “Hosted Data and Development Data” above), and in the following circumstances:

  • Third Party Service Providers. We, like many businesses, sometimes hire other companies to perform certain business-related functions. Examples include, but are not limited to, providing customer support, mailing information, maintaining databases, hosting forms and services, providing analytics for the Site, and processing payments. When we employ another company to perform a function of this nature, we provide them with the information that they need to perform their specific function, but they may use such information only as necessary to provide us with designated services.
  • Your Company. If your company has provided you with access to the Site, such as through a corporate membership, we may share any and all information about your use of the Site, including your Personal Information and Usage Information, with your company or its agents.
  • When You Agree to Receive Information from Third Parties or Request that We Share Your Information. You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an interactive feature or third party application, that we share information about you with a third party, and we will typically do so under those circumstances.
  • Business Transfers. Continuuity may share information, including Personal Information, Usage Information, and Hosted Data, with its affiliates, primarily for business and operational purposes. Continuuity may also disclose and transfer your Personal Information: (i) in connection with a corporate merger, consolidation, restructuring, sale of certain of Continuuity’s assets or ownership interests, or other company change, including, without limitation, during the course of any due diligence process; (ii) to a subsequent owner, co-owner or operator of the Site, services, or applicable database; or (iii) if Continuuity (or any of its affiliated, parent, or subsidiary companies) assigns its rights regarding any of your information to a third party.
  • Administrative & Legal Reasons. We may disclose your information, including Personal Information and Usage Information, to government authorities or other third parties: (i) at the request of government authorities conducting an investigation, (ii) if we are required to respond to subpoenas or other legal process, or, if in our opinion such disclosure is required by law; (iii) to respond to an emergency, or otherwise protect the personal safety, rights, property, or security of Continuuity or any third party; (iv) to protect and/or defend the Site’s Terms of Use or other contracts or policies applicable to the Site or the services. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies in our discretion. These transfers and disclosures may be carried out without notice to you.
  • Sweepstakes, Contests & Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

We do not share your Personal Information with third parties or affiliates for those third parties' or affiliates’ marketing purposes unless you consent to such sharing.

Information Security.

We take commercially reasonable steps to help protect the Personal Information, the Usage Information, and Hosted Data submitted to us from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable, and transmission over the Internet or wireless networks cannot be guaranteed to be 100% secure. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. You use our Site and services and provide us with information at your own risk.

Accessing and Modifying Account Information and Communications Preferences.

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you are a Registered User of the Site, you may update the information that is stored in your user account by logging in and updating your account. Continuuity will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Note, however, that information may persist internally for Continuuity’s administrative purposes and that residual data may remain on backup media or for other reasons. If you wish to stop receiving promotional e-mails from us, you may do so by e-mailing info@continuuity.com. You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email. Please note that we reserve the right to send you certain communications relating to your account or use of the Site or the services (for example, administrative and service announcements) and these transactional account messages may be unaffected if you opt-out from promotional communications.

Third Party Content, Links to Third Parties, and Continuuity Content Found Outside the Site.

Certain content on the Site may be hosted and served by third parties, and the Site may contain links to web sites and online services operated by third parties. This includes links from advertisers, sponsors and partners that may use our logo(s). We have no control over these third parties, and this Privacy Policy does not apply to them. These third parties may collect Usage Information through the use of their own cookies and web beacons, independently collect data or solicit Personal Information, and may have the ability to track your use of their sites and services. Continuuity is not responsible for the privacy practices employed by any third party.

Important Notice to Non-U.S. Residents.

Continuuity abides by the principles set forth in the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union member countries and Switzerland. However, it is important to note that the servers that store the information are operated in the United States or at one of our other data centers located outside the United States. If you are located outside of the United States, please be aware that any information provided to us may be transferred to the United States. By accessing the Site and/or using our services, you consent to this transfer.

In order to comply with the Safe Harbor framework, Continuuity commits to the resolution of complaints about your privacy and our collection or use of the information. We have committed to resolve any complaints by European Union citizens relating to this Privacy Policy, which cannot be resolved directly with our company, through the Council of Better Business Bureaus, Inc.’s Safe Harbor Privacy Dispute Resolution Procedures.

If you have any questions regarding this Privacy Policy, please contact us as set forth in the “How to Contact Us” section below. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Children.

We do not knowingly collect Personal Information from children under the age of 13 through the Site. If you are under 13, please do not give us any Personal Information. If Continuuity discovers that it has inadvertently collected Personal Information from anyone younger than the age of 13, it will delete that information.

Changes to This Privacy Policy.

We may change this Privacy Policy from time to time without notice to you, and will post any changes on the Site. Any changes will be effective immediately upon posting of the revised Privacy Policy. However, unless you consent, Continuuity will not use your Personal Information in a manner materially different than what was stated in our posted Privacy Policy at the time your Personal Information was collected.

California Residents – Your California Privacy Rights

Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information regarding Continuuity’s disclosure within the immediately preceding calendar year of that California resident’s personal information to third parties (and in some cases affiliates) for their direct marketing purposes. Alternatively, the law provides that a company may comply, as Continuuity does, by disclosing in its privacy policy that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties and affiliates for those third parties’ and affiliates’ direct marketing purposes, and information on how to exercise that choice. At this time, we do not share Personal Information with third parties or affiliates for those third parties’ or affiliates’ direct marketing purposes. However, if we do so in the future, Continuuity will provide you with a choice prior to sharing your personal information with third parties and affiliates for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Continuuity offers that choice, Continuuity will not share your information with that identified third party or affiliate for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties and affiliates for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: info@continuuity.com or write to us at the following mailing address: 150 Grant Avenue, Suite C, Palo Alto, CA 94306. You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

How to Contact Us.

If you have questions about this Privacy Policy, please e-mail us at info@continuuity.com, “PRIVACY POLICY” in the subject line, or mail us at the following address: 150 Grant Avenue, Suite C, Palo Alto, CA 94306.