pCloud values your privacy. We have prepared this Privacy Policy to explain
how we collect, use, protect, and disclose information and data when you use
the pCloud website located at https://www.pcloud.com and any pCloud
mobile applications ("Site") or pCloud services ("Services").
This Privacy Policy also explains your choices for managing your information
preferences, including opting out of certain uses of your Personal
Information (as defined below). The Policy applies to all pCloud services
and any associated services (referred to as the ‘pCloud’). The terms
governing your use of the pCloud Service are defined in our Terms of service
(the “Terms and Conditions”). The Site is operated by pCloud International AG, Switzerland
(hereinafter referred to as "pCloud", "we", "us" and "our"). For the
purposes of applicable European Union data protection legislation, we are
the data controller.
More Information on card details storing
We are legally obligated to secure your consent to allow us to store
your card details for future use. As per our policy, we cannot process
your payment before you agree to such storing.
- How long will card details be stored?
Your card details will be stored for as long as you are subscribed to
pCloud's "Paid Services".
- How will my stored card details be used?
Your card details will be used only for your subscription to pCloud's
"Paid Services" and to automatically renew it until it's explicitly
cancelled.
- Can these terms change?
Please refer to paragraph "Updates or Changes in Processing" of this
Privacy Policy for information regarding changes of these terms.
Other information we collect related to your use of our Sites or
Services
We may collect additional information from or about you when you
communicate with us, contact our customer support teams or respond to a
survey.
3. Why Do We Retain Personal Data?
We retain Personal Data in an identifiable format for the least amount of
time necessary to fulfill our legal or regulatory obligations and for our
business purposes. We may retain Personal Data for longer periods than
required by law if it is in our legitimate business interests and not
prohibited by law. If your Account is closed, we may take steps to mask
Personal Data and other information, but we reserve our ability to retain
and access the data for so long as required to comply with applicable
laws. We will continue to use and disclose such Personal data in
accordance with this Privacy Policy.
4. How Do We Process Personal Data?
We may Process your Personal Data for a variety of reasons that are
justified under data protection laws in the European Economic Area (EEA)
and Switzerland.
To operate the Sites and provide the Services, including to:
- initiate a payment
- authenticate your access to Account.
-
communicate with you about your Account, the Sites, the Services, or
pCloud.
-
create an account connection between your Account and a third-party
account or platform.
For our legitimate interests, including to:
- enforce the terms of our Sites and Services;
-
manage our everyday business needs, such as monitoring, analyzing;
-
anonymize Personal data in order to provide aggregated statistical data
to third parties, including other businesses and members of the public,
about how, when, and why Users visit our Sites and use our Services.
-
to manage our business needs, such as monitoring, analyzing, and
improving the Services and the Sites’ performance and functionality.
-
to manage risk and protect the Sites, the Services and you from fraud by
verifying your identity, and helping to detect and prevent fraud and
abuse of the Sites or Services.
-
to comply with our obligations and to enforce the terms of our Sites and
Services, including to comply with all applicable laws and regulations.
With your consent, including to:
-
to market to you by delivering marketing materials about pCloud products
and online Services. We may also Process your Personal Data to tailor
certain Services or Site experiences to better match our understanding
of your interests.
-
to provide personalized Services offered by pCloud on third-party
websites and online services. We may use your Personal Data and other
information collected in accordance with this Privacy Policy to provide
a targeted display, feature or offer to you on third-party websites. We
may use tracking technologies to provide these online services and/or
work with other third-parties such as advertising or analytics companies
to provide these online services.
-
to respond to your requests, for example to contact you about a question
you submitted to our customer service team.
You can withdraw your consent at any time and free of charge. Please
refer to the section on “Your Privacy Choices” for more information on
how to do that.
5. Do We Share Personal Data?
We may share your Personal Data or other information about you with others
in a variety of ways as described in this section of the Privacy Policy.
We may share your Personal Data or other information for the following
reasons:
-
with payment providers in order to initialize a payment process -
personal data necessary to facilitate the transaction;
-
with third party services monitoring the proper functioning of the
service - Anonymous data and performance analytics to help us enhance
Users’ experiences.
We may share information about you with other parties for pCloud’s
business purposes or as permitted or required by law, including:
-
if we need to do so to comply with a law, legal process or regulations;
-
to law enforcement authorities or other government officials, or other
third parties pursuant to a subpoena, a court order or other legal
process or requirement applicable to pCloud;
-
if we believe, in our sole discretion, that the disclosure of Personal
Data is necessary or appropriate to prevent physical harm or financial
loss or in connection with an investigation of suspected or actual
illegal activity;
- to protect the vital interests of a person;
-
to investigate violations of or enforce a user agreement or other legal
terms applicable to any Service;
- to protect our property, Services and legal rights;
-
to facilitate a purchase or sale of all or part of pCloud’s business;
-
to help assess and manage risk and prevent fraud against us, our Users
and fraud involving our Sites or use of our Services, including fraud
that occurs at or involves our business partners, strategic ventures, or
other individuals, and merchants;
- to companies that we plan to merge with or be acquired by; and
-
to support our audit, compliance, and corporate governance functions.
With your consent:
-
We share your Personal Data and other information with your consent or
direction, including if you authorize an account connection with a
third-party account or platform.
-
We share your Personal Data with advertising and analytical companies to
deliver information relevant to you about new features and offers.
Profile Information You Make Available to Others:
-
By using the Site or the Services you may make certain of your Personal
Information available to others. For example, your email address will be
visible when you share a file or a folder with another user of the Site
or Services. You should therefore ensure that any person who you share a
file or folder with is someone who you are happy to share your email
address with.
In addition, pCloud may provide aggregated statistical data to
third-parties, including other businesses and members of the public, about
how, when, and why Users visit our Sites and use our Services. This data
will not personally identify you or provide information about your use of
the Sites or Services.
We do not share your Personal Data with third parties for their
marketing purposes.
6. Selling data to third parties
We do not, have not and do not have any future plans to sell your personal
information to third parties.
7. Automated decision making and profiling
We use the information about you and your usage of the service:
-
to send you automated messages or notifications relevant to your user
experience.
- to run usability and A/B tests to help us improve our service.
8. Processing in the EU and the US
You may choose to store your information on secure servers in the European
Union or the United States. If you choose to store your information in the
United States you are causing your Personal Data to be transferred to our
servers located in the United States. The laws of the United States may
not be as protective of your privacy as those of the European Union.
Furthermore, if you are outside the United States and the European Union,
the laws of these jurisdictions may not be as protective of your privacy
as the laws of your location. You can change where your data is stored,
and choose to have your data stored in the European Union or the United
States, by using the options available in your account settings. By using
our Site or Services and submitting Personal Information via the Site, you
understand that the collection, use, transfer, and disclosure of your
Personal Data shall be governed by applicable laws in the European Union
and United States.
9. How Do We Use Cookies and Tracking Technologies?
We use cookies (a small text file placed on your computer to identify your
computer and browser) on the Site. We use cookies to improve the
experience of the Site and Services, such as pre-populating your username
for easier login and preserving your user session. We do not use cookies
to collect Personal Information. Most web browsers are initially set up to
accept cookies. You can reset your web browser to refuse all cookies or to
indicate when a cookie is being sent, however, certain features of the
Site or Services may not work if you delete or disable cookies. You can
also learn more about cookies by visiting www.allaboutcookies.org which
includes additional useful information on cookies and how to block cookies
using different types of browser. pCloud's cookies are automatically
deleted after 1 year.
10. Do we process special categories of personal data?
pCloud does not process any personal data revealing racial or ethnic
origin, political opinions, religious or philosophical beliefs, or trade
union membership, and the processing of genetic data, biometric data for
the purpose of uniquely identifying a natural person, data concerning
health or data concerning a natural person’s sex life or sexual
orientation.
11. What Privacy Choices Are Available To You?
At pCloud, we want to give you maximum control over your personal data. Learn how you
can manage your information from our Privacy options page (https://www.pcloud.com/help/privacy.html).
12. What Are Your Rights?
In this section, we have summarized the rights that you have under data
protection law. For a more detailed explanation of your rights, please
refer to the relevant laws and guidance from the regulatory authorities.
The right to be informed
pCloud’s Privacy Policy describes our practices in detail using simple
language. Everything you need to know is here. If you have more questions,
feel free to contact us at
privacy@pcloud.com.
The right to rectification
If you believe we have the wrong data about you, or that your data
is incomplete, feel free to change it at any time through your Account
settings.
Learn how you can manage your information from our Privacy options page (https://www.pcloud.com/help/privacy.html).
The right to erasure
You can delete your files and personal information by signing in to your pCloud account and going to your account settings (https://my.pcloud.com/#page=settings&settings=tab-account) or by contacting us at privacy@pcloud.com. If you delete your pCloud account, your files and personal data will be permanently removed from our servers after 30 days.
The right to restrict processing
You can temporary restrict the processing of your data by suspending
your account. Suspended accounts are kept for 3 months, unless
specifically stated otherwise. During this period the account can be
restored at any time and information or files will be lost. At the end of
the period non-restored accounts are deleted automatically and information
is deleted. Contact us at
privacy@pcloud.com to request
account suspensions by stating your reasons.
The right to data portability
Contact us at
privacy@pcloud.com to request a
copy of the data we store about you. Once it is ready, you will receive
the file via email.
The right of access
Read our privacy policy for details about what data is processed by us.
Contact us at
privacy@pcloud.com if you have
further questions.
The right to object
On top of the ability to opt out of processing by changing your settings,
you can object to the processing of certain forms of data, as described in the Privacy options page (https://www.pcloud.com/help/privacy.html).
Contact us at
privacy@pcloud.com if you have
further questions.
The right to appeal automated decisions and profiling
We may make an automated decision to block a user, in case we suspect this
user is using our services for illegal acts or acts that violate our terms
of use. If you believe that your account was unlawfully blocked, you can
contact our support team.
The right against discrimination
If you’re a resident of California, United States, you have the
right not to receive discriminatory treatment by us for the exercise of
your privacy rights conferred by the California Consumer Privacy Act
(CCPA).
Note that filing multiple claims might be subject to a fee, not
exceeding 10 GBP.This does not apply for requests made under the Brazillian LGPD (Lei Geral de Proteção de Dados).
13. How Do We Protect Your Personal Data?
We maintain technical, physical, and administrative security measures
designed to provide reasonable protection for your Personal Data against
loss, misuse, unauthorised access, disclosure, and alteration. The
security measures include firewalls, data encryption, physical access
controls to our data centres, and information access authorisation
controls. While we are dedicated to securing our systems and Services, you
are responsible for securing and maintaining the privacy of your
password(s) and Account/profile registration information and verifying
that the Personal Data we maintain about you is accurate and current. We
are not responsible for protecting any Personal Data that we share with a
third-party based on an account connection that you have authorised.
In the unlikely event that a security breach which affects individuals’
rights and freedoms is discovered, according to our risk assesment policy,
pCloud will inform those individuals without undue delay.
14. Can Children Use Our Services?
The Site and Services are intended for users who are 18 years old or
older. We do not knowingly collect Personal Information from children
under the age of 18. If we become aware that we have inadvertently
received Personal Information from a child under the age of 18, we will
delete such information from our records.
15. Updates or Changes in Processing
If we wish to use your personal data for a new purpose, not covered by
this Privacy Policy, then we will provide you with a new notice explaining
this new use prior to commencing the processing and setting out the
relevant purposes and processing conditions. Where and whenever necessary,
we will seek your prior consent to the new processing.
We keep this Privacy Policy under regular review and we will place any
updates on this web page - https://www.pcloud.com/privacy_policy.html.
In other circumstances, if we decide to change this Privacy Policy, we
will inform you by posting the revised Privacy Policy on the Site. Those
changes will become effective on the revision date, shown in the revised
Privacy Policy. Your continued use of our Site or Services constitutes
your consent to the revised Privacy Policy.
16. Contact Us
You may contact us if you have general questions or concerns about this
Privacy Policy and supplemental notices or the way in which we handle your
Personal Data.
Our Data Protection Officer can be contacted at
privacy@pcloud.com
17. Definitions
Account means a pCloud member account.
Device Information means data that can be automatically
collected from any device used to access the Site or Services. Such
information may include, but is not limited to, your device type; your
device’s network connections; your device’s name; your device IP address;
information about your device’s web browser and internet connection you
use to access the Site or Services;
Guest Usage means a person’s Use of the Services without
logging into and/or establishing an Account.
pCloud means pCloud International AG, LTD and subsidiaries or
affiliates. In this Privacy Policy, pCloud is sometimes referred to as
“we,” “us,” or “our,” depending on the context.
Personal Data means information that can be associated
with an identified or directly or indirectly identifiable natural person.
“Personal Data” can include, but is not limited to, name, telephone
number, email address, date of birth.
Process means any method or way that we handle Personal
Data or sets of Personal Data, whether or not by automated means, such as
collection, recording, organisation, structuring, storage, adaptation or
alteration, retrieval, and consultation, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction of Personal Data.
Services means any products, services, content, features,
technologies, or functions, and all related websites, applications and
services offered to you by pCloud with an Account or Guest Usage.
Sites means the websites, mobile apps, official social
media platforms, or other online properties through which pCloud offers
the Services and which has posted or linked to this Privacy Policy.
Technical Usage Data means information we collect from
your phone, computer or other device that you use to access the Sites or
Services. Technical Usage Data tells us how you use the Sites and
Services, such as what you have searched for and viewed on the Sites and
the way you use our Services, including your IP address, statistics
regarding how pages are loaded or viewed, the websites you visited before
coming to the Sites and other usage and browsing information collected
through Cookies.
User means an individual who uses the Services or
accesses the Sites and has established a relationship with pCloud (for
example, by opening an Account and agreeing to the pCloud Terms of
Service) or otherwise uses the Services for Guest Usage.
Revised: 1 Mar. 2023
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