Privacy Policy

Privacy Policy

Last updated: May 2016

Maxava Limited and each of our related companies (together “Maxava”, “we”, “us”, or “our”) take privacy and security of our customer’s (“users”, “you”, or “your”) information and data seriously. We’ve updated our Privacy Policy to ensure that we communicate to users, in the clearest way possible, how we collect, use, disclose or transfer personal information supplied by users or collected by us and the ways in which users can protect their privacy.

By using our products and services, or accessing our website, users agree to comply with the terms and conditions of this Privacy Policy and that Maxava may process (i.e. collect, use, store, transfer and disclose) user’s personal information in accordance with this Privacy Policy (as well as for any other use authorised by the user).

Our Privacy Policy explains:

  1. What information we collect and how;
  2. How we use personal information;
  3. Who we share personal information with and why;
  4. The steps taken to protect personal information under our control;
  5. Why we may transfer personal information overseas;
  6. How Maxava retains and deletes personal information;
  7. Choices available to users regarding collection, use, transfer and disclosure of personal information;
  8. How to access and update personal information; and
  9. How to contact us.

1. INFORMATION WE COLLECT

Maxava provides high availability and disaster recovery software products and a full array of Cloud-related services for those products.

Our disaster recovery software products allow users to replicate information and data stored on primary servers (“user content”) to target severs through real time replication. These target servers may be provided by the user, our reseller partners or us (i.e. our cloud-hosted disaster recovery services).

We also provide software products (including Maxava Monitor Mi8 and MaxView) which allow users to monitor their IBM system or disaster recovery environments from any device, including mobiles.

There are three ways we collect information:

(a) Information users give us.

(b) Information we collect when users use our products or services.

(c) Information we collect from third parties.

(a) Information Users Give Us

In order to trial, purchase or use our products or services, a user must provide us with certain contact, billing and personal information including name, address, phone number, email address, company information.

Users may also provide us with information when they:

  • Register product licences with us;
  • Create user accounts and logins;
  • Subscribe to receive the latest news on our products and services; or
  • Contact our support team.

Users can always choose not to provide us with personal information, however this may mean that we are unable to supply our products or services.

(b) Information We Collect from Use of Our Products & Services

Cloud-hosted Services

Our cloud-hosted disaster recovery services replicate and store user content on our data-centre servers in order to provide users with access to their user content in the event of failure of the user’s primary system. The nature of our cloud-hosted services means that all selected user content (including all documents, files, communications, personal information and sensitive information stored on the user’s primary system) is replicated or copied to our servers. This will include any personal or sensitive information (i.e. information regarding medical health or conditions, race or ethnic origins, political opinions and other sensitive information) collected and stored by the user.

The confidentiality and security of user content is a fundamental priority for Maxava. While user content may be transferred/disclosed amongst the Maxava entities for the purposes of providing the services, user content will be stored separately, and will not be accessed, used or disclosed by Maxava except for the purposes of providing, monitoring or managing the services, in which case we will limit our interaction with user content to a minimum.

System Health Checks

Maxava offers a remote access service to assist in monitoring and analysing the performance of our products and services, and diagnosing and resolving any technical and system issues. This process allows us to remotely access a user’s system to determine any problems and either repair it or provide advice on what options are available to fix the issue. By taking advantage of this service, users are giving permission to us to log into the user’s system which may contain personal information. We will only search a user’s computer to determine the cause of the problem and will attempt to limit our interaction with user files to a minimum. Users shall be responsible for ensuring that all user files, especially those containing personal information, are secure to prevent any type of data loss or corruption.

All Other Products and Services

We may automatically collect information (which may include personal information) when users interact with or use our products and services (including visiting our website or requesting technical support). This information may include:

  • System information: we may collect information about user system(s), including, but not limited to, the CPU serial number, processor group, operating system, applications, IP address and, where applicable, host ID.
  • Usage information: we collect information about how users and their system environment interact with our products and services. This may include information relating to the features used, the performance of the products or services and any problems experienced by users.
  • Device information: our Maxava Monitor Mi8 and MaxView solutions provide up-to-date system information anywhere, anytime and on any device. When users download or use these products we may receive information about the user device, such as the hardware model, operating system version, unique device identifier and mobile network information (including phone number).
  • Location: when users use our products services (including our website), we may collect and process information about the user’s location. We use various technologies to determine location, including IP addresses.
  • Cookies and similar technology: we use cookies, web beacons and similar technologies to provide our products and services, and to help collect data. For example, when users visit our website, we collect information about the pages visited, the user’s browser and the user’s device. A cookie is a small element of data that a website can send to the user’s browser, which may then be stored on the hard drive (session ID cookies will terminate once users simply close the browser, persistent cookies may however be stored on the user’s hard drive for an extend period of time). A cookie does not identify a user personally, but it does identify the user’s computer. Cookies allow us, among other things, to monitor traffic patterns, store user preferences and settings, analyse how our services are performing and enable users to login. Most web browsers are set to accept cookies by default, but allow settings to be adjusted to remove or block cookies and web beacons. Please note however that removing or rejecting cookies could affect the availability and functionality of our website features, or our products and services.

(c) Information We Collect from Third Parties

We work closely with third parties (for example, our reseller partners, other business partners and service providers) in order to be able to develop our products and services, and provide them to users.

We may receive the same kinds of information described in (a) and (b) above from third parties.

Personal Information Received from Users about Others

When using our products or services, users may disclose, and we may collect, personal information about someone else. For example, user content may contain personal information relating to the customers or employees of users.

Before disclosing personal information to us about someone else, users must ensure that they have obtained sufficient consent to disclose that information to us, and that, without taking any further steps required by applicable data protection or privacy laws, we may collect, use, transfer and disclose such information for the purposes described in this Policy.

Users shall remain responsible for all personal information collected and processed by the user, and for compliance with applicable privacy and data protection laws.

2. HOW WE USE PERSONAL INFORMATION

We collect information in order to be able to provide our products and services (which may include technical support services) and to improve our products and services.

We also use personal information to:

  • Communicate, interact and build our relationship with users, including to better understand user needs and interests, and ensure a quality experience for users;
  • Monitor, develop or optimise the performance of our products and services;
  • Protect and enhance the safety and security of our products and services;
  • Provide information and technical support, including training;
  • Carry out billing and licence administration;
  • Market and make recommendations on our products or services;
  • Conduct, manage, develop and protect our business;
  • Comply with laws and regulations in applicable jurisdictions;
  • Verify user identities and prevent fraud or other unauthorised or illegal activity;
  • Enforce our terms of service or other usage policies; and
  • Enable third parties to provide services to us.

3. WHO WE SHARE INFORMATION WITH

We share information, including personal information, as necessary to provide users the products and service requested or authorised. For example, we may share information with:

  • Banks and other entities which process payment transactions when a purchase is made;
  • Affiliates, subsidiaries and related companies. Maxava is a global business with its headquarters centred in New Zealand;
  • Third party communication service providers, in order to communicate with users, to provide users with remote access or to provide notifications on the performance of our products or services;
  • Our service providers or suppliers acting and working on our behalf. For example, companies we have hired to assist in protecting and securing our systems and services may need access to personal information to provide those services. In such cases, we will require these entities to abide by our data privacy and security requirements, and restrict use of any personal information received from us;
  • Our reseller and other business partners for the purpose of providing our goods and services to users;
  • A purchaser, as part of a corporate transaction such as an acquisition, merger or sale of assets;
  • To other third parties, when we have a good faith belief that doing so is necessary to:
    1. Comply with any applicable law, regulation, legal process or enforceable governmental request;
    2. Protect our users;
    3. Operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks;
    4. Detect, prevent or otherwise address fraud; or
    5. Protect our rights and property, including enforcing our terms.

We require that our resellers and business partners agree to keep confidential all information we share with them and to use information only to perform their obligations in agreements we have with them. These parties are expected to maintain privacy and security protections that are consistent with our privacy and information security policies. While we provide these third parties with no more information than is necessary to perform the function for which we engaged them, users should be aware that any information provided to these third parties independently/directly is subject to the third parties’ respective privacy policies and practices.

We may also share or use non-personal information (i.e. information that is related to an individual but does not personally identify that individual such as aggregated, anonymised or de-identified data) publically or with third parties, such as our partners or advertisers. For example, we may share or use information publically to show trends about the general use of our products or services. This data or information will in no way identify users or any other individual.

4. STEPS TAKEN TO PROTECT PERSONAL INFORMATION

Protecting the security of user personal information is of the utmost importance to Maxava. We maintain a variety of organisational, technical and physical safeguards and procedures in order to protect personal information from unauthorised access, use, interference, modification or disclosure.

For example, we store personal information on computer systems that have limited access and are in controlled facilities. Before transferring personal information, we also protect it by using encryption techniques.

Some of our products and services do however require use of the internet, and the internet is not itself a secure environment. We therefore cannot give an absolute assurance or guarantee that user information will be secure at all times. Transmission of information over the internet or third-party networks is at the user’s own risk. We will notify users at the first reasonable opportunity if we discover or are advised of a material security breach which has resulted in unauthorised access, disclosure or loss of user personal information.

To help maintain the security of information, users agree to keep their passwords and account details private and confidential.

5. TRANSFERRING PERSONAL INFORMATION OVERSEAS

Maxava is a global organisation with operations, processes and systems which cross borders. We strive to comply with all applicable laws designed to protect privacy in the jurisdictions in which we do business.

Maxava has data-centres in several jurisdictions (including the United Kingdom, the United States, Australia and New Zealand). Personal information collected by us may be transferred to, accessed from, stored or processed in any other country in which we maintain facilities (including our technical support team located in Wellington, New Zealand).

We may also transfer personal information to third parties located outside of a user’s jurisdiction (for more information on who we share information with, see section 3).

Users acknowledge that these locations/jurisdictions may or may not have the same minimum privacy standards that are applicable in the user’s location. Maxava is however committed to maintaining a consistent, high level of privacy and data protection across all of our operations, whether transferring or sharing information between the Maxava group or sharing personal information with our service providers/reseller partners.

When we transfer personal information from the European Economic Area to other countries, we use a variety of security mechanisms (see discussion under section 4) to help ensure that privacy rights and protections travel with user personal information (described further under section 3).

6. RETENTION AND DELETION OF PERSONAL INFORMATION

Our cloud-hosted services involve real time replication of user content stored on the user’s system. This means that any information or data which is deleted from a user’s system is also deleted from our servers.

The period of time for which we continue to hold any other personal information which we have collected varies according to what the personal information is used or required for. Unless there is a legal requirement or justification for us to keep the personal information, we will retain it for no longer than is necessary:

  • To provide the products and services requested by the user;
  • To fulfil the purpose(s) for which the personal information was originally collected; or
  • For any other purpose(s) authorised by the User.

Once personal information is no longer required, the personal information will be deleted or securely destroyed.

7. CHOICES AVAILABLE TO USERS FOR THE COLLECTION, USE, TRANSFER AND DISCLOSURE OF PERSONAL INFORMATION

Users may, at any time, object to the collection, use, transfer or disclosure of personal information as described in this Privacy Policy, including:

  • The collection of personal information from third parties;
  • The collection of sensitive information;
  • The disclosure of personal information to third parties;
  • The processing of personal information in a particular way, or for a particular purpose, including direct marketing; or
  • The transfer of personal information overseas.

Provided the information is not required for legal reasons, users may also request that all personal information held by Maxava (or shared with third parties) in relation to that user is deleted.

All requests or objections should be sent to us at privacy@maxava.com. Because user choices in relation to personal information may affect our ability to provide our services, or the performance of the products and services, we will contact users as soon as possible to discuss the impact of the user’s requests or objections on the products and services, any other issues arising and to confirm the user’s intention to proceed.

Direct Marketing

We will endeavour to include “unsubscribe” functions in any direct marketing communications sent to users, or alternatively, users may revoke their consent by sending an email to privacy@maxava.com.

8. ACCESSING AND UPDATING THE USER PERSONAL INFORMATION

Users are responsible for ensuring that personal information provided to us is accurate, complete and up-to-date. This includes personal or sensitive information contained in their user content. We will also take reasonable steps to ensure that any personal information that we collect (i.e. information obtained from other sources) is accurate, up-to-date, complete and not misleading.

We endeavour to provide users with reasonable access to personal information we hold about users, and users may request that we update, correct or delete any personal information that is inaccurate or inappropriate for the purposes for which it was collected.

Requests for access to or the correction of personal information should be emailed to privacy@maxava.com

We will process requests as soon as reasonably practicable, provided we are not otherwise prevented from doing so by law. If we are unable to meet a user’s request, we will explain the reasons why. For example, the information may not be readily retrievable and it may not be reasonable or practicable for us to process the request in the manner requested. In some instances, it may also be necessary for us to arrange access to user personal information through a third party (for example, a reseller).

9. HOW TO CONTACT US

Please contact us if you have any questions or complaints about this Privacy Policy, if you wish to access, update and/or correct personal information, or if you otherwise have a question or complaint about the manner in which we, our service providers or our partners treat your personal information.

Users may write to Maxava at the relevant addresses below, or alternatively email us, including any supporting documentation at privacy@maxava.com.

Attention: Maxava Privacy Officer

PO Box 300523
Albany
Auckland 0632
New Zealand

Our Privacy Officer will endeavour to respond to your questions within 30 days.

Our headquarters are located at:

Building G, 1st Floor

29 William Pickering Drive
North Shore City
Auckland 0632
New Zealand

To contact Maxava in your country or region, please see our contact page.

Application of this Privacy Policy

Our Policy applies to all of the products and services offered by us. Our Privacy Policy does not cover the information practices of other companies and organisations (such as our reseller partners) that advertise or sell our software products.

Children

Our products and services are not intended for – and we do not direct them towards – anyone less than 13 years of age. We therefore do not knowingly collect personal information from anyone under 13.

Changes to this Privacy Policy

We reserve the right to change this Policy from time to time, as our practices evolve to meet new requirements, standards, technologies and customer feedback. We will post any privacy policy changes on our website, and will update the “last updated” date at the top of this Policy. Continued use of our products or services by users will be deemed acceptance of any amended Policy.

We recommend that users regularly review this privacy statement to learn how we protect personal information.