Privacy Policy

This Privacy Policy describes the manner in which DarkBytes, Inc. and its affiliates (collectively “DarkBytes”) collect, use, maintain, and disclose information from users of our websites (e.g., https://www.darkbytes.com and portal.darkbytes.com) (collectively, “Websites”) and from the use of our products and the performance of our services (our “Offerings”). For purposes of this Notice, the terms “user,” “customer”, “you” and “your” are meant to refer to the individuals about whom we may collect data, and at times may be used within the Notice interchangeably.

DATA COLLECTION AND USE

DarkBytes Websites and Web Portals

DarkBytes Websites provide Internet based access for users to learn about DarkBytes and its Offerings and to communicate with DarkBytes and with others. DarkBytes web portals that may exist within our Offerings (“Web Portals”) provide customers with Internet based access to our Offerings. When an individual uses our Websites and Web Portals, DarkBytes gathers information, some of which is personal information. Information collected and used by DarkBytes may include, among other things, the Internet Protocol (IP) address, browser information, device ID, the type of computer and technical information about a user’s means of connection to our Websites or Web Portals, such as the operating system and the Internet service providers utilized and other similar information. From users who are required to login to gain access to a particular Website feature or Web Portal, we collect usernames, passwords, and other login credentials that are used for the purpose of verifying user authorization to access the feature or Offering.

We may also use cookies, web beacons, and other tracking technologies (such as scripts and tags) on our Websites and Web Portals. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. Cookies don’t read or modify data on the user’s computer. A web beacon is a small graphic file that is placed on the web page the user visits and is often used in conjunction with cookies. We use third party service providers to help us implement and utilize cookies, web beacons, and other tracking technologies to analyze the data they collect. In some cases, we link the information gathered by cookies, web beacons, and other tracking technologies to a user’s personal information. We use cookies, web beacons, and other tracking technologies to help our Websites and Web Portals function properly, to collect information about how users interact and use our Websites and Web Portals, to personalize or customize the user’s experience (based on preferences or geography, for example) on our Websites and Web Portals, and to gather information about a user’s browsing habits. We may also use cookies, web beacons, tracking technologies, and the data they collect to tailor our Websites, Web Portal, and communications so they are more relevant to a user’s interests.

We and our third party partners use Local Storage (HTML5) to provide certain features on our Websites and Web Portals, to display advertising based on your web browsing activities, and to store content information and preferences. Various web browsers may offer their own management tools for removing HTML5.

We may use the information, including personal information, that we collect from users of our Websites and Web Portals for a number of reasons, including but not limited to the following purposes:

Websites

• Operate, secure, support, personalize, and improve our Websites
• Provide you requested information and Offerings
• Provide blogs and discussion groups
• Run promotions, contests, surveys, or other website features
• Send periodic emails
• Recruit new employees when you respond to career postings
• Analyze trends
• Digital marketing, which may include online advertisements appearing on cookie-based advertising networks
• Direct marketing, which may include postal mail or telemarketing from DarkBytes or a service vendor

Web Portals

• Provide you our Offerings, including product updates, documentation, and related information
• Operate, secure, support, and improve our Web Portals and Offerings
• Develop new features, products, and services
• Send periodic emails
• Analyze trends

If you opt-in to our mailing list online or in person, you will receive emails that may include company news, updates, related product or service information, and other DarkBytes related information. We may also associate any personal information you submit to us, including email addresses, with information collected about you through other means such as cookies, web beacons, or social media plugins. This will help us better tailor content delivered to you through a variety of ways, including online advertisements. We include unsubscribe instructions at the bottom of each email if at any time you would like to unsubscribe from receiving future emails.

If we have a referral service that you choose to use to share information with a point of contact about us, we will ask you for the contact’s name and email address. We will automatically send your contact a one-time email inviting him or her to visit our Website. An individual whose name has been provided to us may contact us at privacy@darkbytes.com to request that we remove their information from our database.

The Websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Some webpages include a Google Custom Search box to enhance your experience. Any queries that you submit through the use of a Google Custom Search will be transmitted to Google. Google’s privacy policy is located at http://www.google.com/policies/privacy/partners/.

Offerings

DarkBytes has numerous Offerings, including but not limited to platform and cloud based security subscription services, professional services, free community security tools, and more. All of our Offerings are centered on our mission to provide cutting-edge security solutions to our customers.

In order to accomplish our mission, DarkBytes is leading the industry in Big Data Security, taking advantage of high volume, high velocity, and high variety information to reveal relationships, dependencies, and perform predictions of outcomes and behaviors in order to detect, contain, and mitigate network intrusions and identify the attackers. Most of the information DarkBytes collects through its Offerings is metadata, for example, data about how and when a device or network is being used, login times and attempts, registry keys, types and versions of operating systems, browsers, and information about software applications. Some of the data we collect may be considered personal information depending on the laws of the location where it is collected, such as IP addresses. In some cases, we collect personal information as it may appear within usernames, filenames, file paths, and machine names. However, we only use the data that we collect through our Offerings to help our customers and improve our capabilities in the way described in our more specific product or service documentation and agreements. DarkBytes also offers customers the ability to directly provide to DarkBytes, or for customers to have DarkBytes Offerings configured to collect files (including the content of those files) and other information related to the files for security analysis and response, or when submitting crash reports, to make the product more reliable. At your direction, we may also collect or retrieve files as part of our Offerings. The files and related information may contain personal information.

To the extent DarkBytes collects personal information through its Offerings, DarkBytes collects that information under the authority and direction of its customers, which often are corporate entities. DarkBytes typically has no direct relationship or contact with an individual whose personal information we may collect or receive from a corporate customer and subsequently analyze and use. Regardless, the use of information collected through our Offerings shall be limited to the purpose of providing the service for which our customers have engaged DarkBytes. We do not use any personal information collected through our Offerings to contact or market products or services to these individuals. We also do not provide any personal information obtained through the Offerings to third parties for the purpose of contacting or marketing products or services to these individuals.

If you are a user of one of our Offerings, we will obtain the personal information you provide us during the sales and/or fulfillment process. We may use personal information collected such as name, phone number, mailing address, and email address to contact you and to provide you with Offerings, send you an invoice, perform accounting, auditing and collection activities, answer questions, provide support and tell you about other Offerings.

If you are an individual who would no longer like to be contacted by one of our customers, please contact the customer that you interact with directly. An individual who seeks access, or who seeks to correct or delete personal information, should direct his/her query to the DarkBytes’s customer, the data controller. If our customers request DarkBytes to correct or delete the personal information, we will respond within a reasonable timeframe.

How We Protect Your Information

The security of customer data and your personal information is not only important to us, it is our mission. We adopt data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of customer data and your personal information. We follow generally accepted practices to protect customer data and the personal information collected and submitted to us, both during transmission and once we receive it. If you have questions about the security of your personal information collected through our Offerings or Websites, you can contact us at privacy@darkbytes.com.

Retention of Personal Information

We will retain your personal information for as long as needed to fulfill the purpose for which we collected it and for a reasonable period thereafter in order to comply with audit, contractual, or legal requirements. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may retain aggregated or de-identified data indefinitely or to the extent allowed by applicable law. We may retain personal information preserved in automatically generated computer back up or archival copies generated in the ordinary course of our information technology systems procedures.

User Access and Choice

You may request DarkBytes provide you with information about whether we hold any of your personal information received or transferred from the EU and/or Switzerland in reliance on each Privacy Shield Framework. You may also request us to correct, update, amend, or remove your personal information that you know or have reason to believe is in our possession by emailing us at privacy@darkbytes.com or by contacting us by postal mail at the contact information listed below. When contacting us, please provide us with detailed information about the personal information you are requesting we correct, update, amend, or remove, and the timeframe and manner in which you believe we came to collect it. We will respond to your request within a reasonable timeframe. If we obtained your personal information from a customer or third party acting on your behalf, you should contact the company or person you provided your information to. In certain circumstances, we may be required by law, our auditors, or other legitimate business purposes to keep information about you.

Sharing Your Personal Information

We do not sell, trade, or rent the personal information we collect from our Websites to others. We may share aggregated demographic information regarding visitors and users of our Websites with our affiliates, business partners, and advertisers for the purposes outlined above. When we collect personal information through our Offerings, it is made available to the DarkBytes customer who was the source of the information and we use it as described in the Privacy Policy. We may use third party service providers to help us operate our business; provide, support, maintain, or secure our Offerings and our Websites; or administer activities on our behalf, such as marketing campaigns. It may be necessary to provide or allow access to your personal information to these third party service providers for those purposes. In addition, we provide information regarding our business to our auditors and legal counsel and, in some cases, that information may contain personal information, but they may only use it for the purpose of providing their professional services.

We may also disclose your personal information as required by law, such as to comply with a subpoena or similar legal process; or when we believe that disclosure is necessary or appropriate to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We may transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets.

Our Websites include links to other websites whose privacy practices may differ from those of DarkBytes. If you submit personal information to any of those sites or services, your information is governed by their privacy notices. We encourage you to carefully read the privacy notice of any website service you visit.

DarkBytes’s mission is worldwide, and therefore, we may store information in the United States and other locations worldwide where we, or our service providers, have facilities.

EU Data Subjects

This section applies if you are an EU data subject (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway). DarkBytes Inc. is the data controller for processing personal data provided to us through the Platforms.

Data used in our products and services for EU data subjects is strictly stored inside EU. Data is only transferred from the EU storage location to non-EU countries when requested by the user.

Subject to applicable law, you have the following rights in relation to your Personal Data:

Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.

Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to data portability: Effective May 25, 2018, you have the right to obtain your Personal Data from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

Right to object: You may ask us at any time to stop processing your Personal Data, and we will
do so: If we are relying on a legitimate interest to process your Personal Data – unless we demonstrate compelling legitimate grounds for the processing or if we are processing your Personal Data for direct marketing.

Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, that affect you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent.

Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent.

Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

You may exercise your rights by contacting us at privacy@darkbytes.com.

Changes to this Privacy Policy

DarkBytes may update this Privacy Policy at any time to reflect changes to our information practices. If we make significant changes in how we use your personal information, we will notify you by email if feasible or by means of a notice on this Website. We encourage you to periodically review this page for the latest information on our privacy practices.

Your Agreement to this Privacy Policy

Except to the extent otherwise specified in a specific agreement with you, such as for specific products and services, the terms of this Notice shall govern. By using our Offerings and Websites, you are agreeing to our practices described in this Notice, which includes the collection and use of your personal information worldwide.

Your continued use of our Offerings and Websites following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.