Last Updated: May 24, 2018
FileChimp is a provider of cloud based file transfer service that’s simple, smart, and allows users to easily send files to anyone with an email address.
The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s email address, IP address and messages.
FileChimp may collect personal information directly from You when You:
use the Service, contact the FileChimp support team, and visit our Website. You can always choose not to provide Your personal information to FileChimp, but it may mean that we are unable to provide You with the Service.
When using our service, FileChimp processes the following (personal) data:
Through Your use of the Service, FileChimp may also collect information from You about someone else. If You provide FileChimp with personal information about someone else, You must ensure that You are authorised to disclose that information to FileChimp and that, without FileChimp taking any further steps required by applicable data protection or privacy laws, FileChimp may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to obtain access to that information, FileChimp’s identity, and how to contact FileChimp.
Where requested to do so by FileChimp, You must also assist FileChimp with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
FileChimp collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, FileChimp may use the personal information we have collected from You for purposes related to the Services including to:
verify Your identity, administer the Service, notify You of new or changed services offered in relation to the Service, carry out marketing or training relating to the Service, assist with the resolution of technical support issues or other issues relating to the Service, comply with laws and regulations in applicable jurisdictions, and communicate with You. By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. FileChimp will only use Your personal information for the purposes described in this Policy or with Your express permission.
By using the Service, You agree that FileChimp can access, aggregate and use non-personally identifiable data FileChimp has collected from You. This data will in no way identify You or any other individual.
FileChimp may use this aggregated non-personally identifiable data to:
assist us to better understand how our customers are using the Service, provide our customers with further information regarding the uses and benefits of the Service, enhance productivity, including by creating useful insights from that aggregated data and otherwise to improve the Service.
FileChimp has several partners to operate the service. We may need to share some of Your personal information with them to provide the service to You. These parties can be categorised as:
Unless we tell you differently, our third parties do not have any right to use the personal information we share with them beyond what is necessary to assist us in making FileChimp possible. Tasks of these third party companies and individuals include database and storage management, analytics and general improvements of the service. When we cooperate with third parties and they process your personal data on our behalf, we make sure your personal data will be handled with the same integrity and security as we do.
We use top tier, third party data hosting providers to host our Services on servers spread across the world to meet demand. The servers we use to store your information are GDPR compliant.
By entering personal information into the Service, you consent to that personal information being hosted on our servers irrespective of their location.
If You do not want Your personal information to be transferred or stored on our servers, You should not provide FileChimp with Your personal information or use the Service.
FileChimp is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities Entrust & GTE Cybertrust, and all Data transferred between You and the Service is encrypted.
However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
FileChimp will only disclose the personal information You have provided to us to entities outside the FileChimp group of companies if it is necessary and appropriate to facilitate the purpose for which Your personal information was collected pursuant to this Policy, including the provision of the Service.
FileChimp will not otherwise disclose Your personal information to a third party unless You have provided Your express consent. However, You should be aware that FileChimp may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information.
If You choose to pay for any non-free Services by credit card, Your credit card details are not stored by the Service and cannot be accessed by FileChimp staff. Your credit card details are encrypted and securely stored by our selected 3rd party payment gateway provider.
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct or delete any personal information we hold about You, by setting out Your request in writing and sending it to us at privacy@FileChimp.io.
FileChimp will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
You have a right to object to our use of your personal data. If you inform us that you no longer wish for us to process your personal data, FileChimp will act accordingly.
You can withdraw your consent to process your personal data at any time, without affecting the lawfulness of processing activities based on consent before its withdrawal. If you withdraw your consent, we will no longer process your personal data.
Your right to data portability allows You to obtain and reuse Your personal data that was provided to us. On written request to firstname.lastname@example.org, we will transmit Your personal data in a structured, commonly used and machine-readable format. We use secure methods to transmit personal data.
In providing the Service, FileChimp utilises "cookies". A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
We do not respond to or honour “Do Not Track” requests at this time.
FileChimp sends information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. FileChimp will remove You at Your request.
The Service may allow You, the Subscriber, or another Invited User to transfer Content, electronically to and from the Service. FileChimp has no control over, and takes no responsibility for, the privacy practices or content of these users.
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
by e-mail at privacy@FileChimp.io, or by letter to The Privacy Officer, FileChimp, PO Box 89176, Torbay, Auckland, 0742, New Zealand.
Our Privacy Officer will endeavour to:
provide an initial response to Your query or complaint within 10 business days, and investigate and attempt to resolve Your query or complaint within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
FileChimp reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. FileChimp will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.