By using our websites "www.cleondris.com" and "support.cleondris.com" (our "support portal"), or by communicating with us by e-mail or phone, you agree that we (Cleondris GmbH) may collect and process data about you in the way described in the following paragraphs.
Our offers and services are not directed at private persons. We only do business with registered business entities.
In the context of our business relationship you need to provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
With regard to our support portal, as an authorized representative of a business entity, you can open an account on our support portal. Your account details and all data that you enter into the support portal is only used to manage the business relation, for pre-sales as well as post-sales support and for the fulfilment of a contractual relationship between your business and us.
We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.
Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., debt registers, commercial registers, press, internet) or we may receive such information from affiliated companies of Cleondris GmbH. Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).
We keep the web server access & error log files only for technical and legal reasons, e.g., to debug problems like denial of service attacks to our websites. These log files are deleted on a regular basis, we never keep them more than 30 days. The data in these files is never disclosed to any third party, with the exception of legal authorities.
We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with providing software and IT-services to our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties') legitimate interest, such as:
If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
On our support portal, https://support.cleondris.com, we use a cookie when you login with a registered account. This cookie is only needed for technical and security reasons (to protect your session & data from cross-site scripting attacks).
Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies.
By using our websites you agree to our use of such techniques. If you object, you must configure your browser.
Use of reCAPTCHA from Google, Inc.
If you click on a download link in the download section on our webpage, or if you create a new account (or notify us of a lost password) on the support portal, we may use a service called "reCAPTCHA" from Google, Inc. This service protects our websites against spam and other types of automated abuse. The use the service may lead to personal data (such as your IP address) being uploaded and analyzed by the infrastructure of Google, Inc.
The detailed service description can be found here: https://www.google.com/recaptcha
In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:
Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which Cleondris is represented by affiliates, branches or other offices as well as to other countries in Europe and the USA where our service providers are located (such as Microsoft). If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by way of using appropriate contracts (in particular on the basis of the standard contract clauses of the European Commission, which can be accessed here) or binding corporate rules or we rely on the statutory exceptions of consent, performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the mentioned contractual guarantees at any time from the contact person named under Section 9 insofar they are not available under the aforementioned link. However, we reserve the right to redact copies for data protection reasons or reasons of secrecy or to produces excerpts only.
We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).
We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions.
If you communicate with us by e-mail or via phone, then we only use the received information to manage the business relation, for pre-sales as well as post-sales support and for the fulfilment of a contractual relationship between your business and us. You acknowledge that this may lead to personal data being disclosed for such purpose to third parties, such as - without limitation - manufacturers, subcontractors, intellectual property rights holders, in Switzerland or abroad. In such cases, we shall ensure that data protection is guaranteed by taking appropriate organizational, technical and contractual precautions.
Our website may contain links to websites of third parties. The content of these websites and the way these third parties handle your personal data is not under the control of Cleondris. We cannot give any guarantees regarding the content and/or compliance of these third parties. Please contact any third parties directly if you have any questions regarding that matter.
Our representative in the EEA according to art. 27 GDPR (if required) is: VGS Datenschutzpartner UG, Am Kaiserkai 69, D-20457 Hamburg, Germany.
In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 9 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch).
It is important to us that you understand that we try to collect and process the least amount of personal data, and the foregoing only for managing business relations, for the fulfilment of any contractual relationships or when required by any applicable laws.
CLEONDRIS®, CDM®, SNAPGUARD® and ULTRAVIRT® are registered trademarks of Cleondris GmbH in Switzerland, the United States, the EU, China, Lichtenstein and/or other jurisdictions. VMware is a registered trademark or trademark of VMware, Inc. in the United States and/or other jurisdictions. NetApp, Data ONTAP, FlexClone, FlexVol, MetroCluster, Network Appliance, ONTAPI, RAID-DP, SnapMirror, SnapVault, vFiler and WAFL are trademarks or registered trademarks of NetApp, Inc. in the U.S. and/or other countries. All other brands or products are trademarks or registered trademarks of their respective holders and should be treated as such.