Privacy Policy

Personal data means any information relating to an identified or identifiable person. An identifiable person is a person who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to the natural person.
In any event, the personal data processed by 3DS Outscale is limited to data necessary for the purposes described in this Privacy Policy.

Depending on the purposes detailed below, personal data processed by 3DS
Outscale includes:

• Personal and business contact information such as first and last names,postal address, email address, telephone number(s) and job title.
• Profile information such as account ID, login and password, type of organization (company, school, etc.), organization name, organization size, department, industry, and sub-industry sectors;
• Transaction information details related to purchases you make, event registrations, billing data and signature;
• Usage Information such as IP and Mac Addresses, logs, on how you use 3DS Outscale Services.

Such personal data may be collected by 3DS Outscale through the following means:

• Directly from you through the Services or otherwise communicated;
• Automatically;
• From third-parties, such as:
  • Your employer, school, or other organization you belong to,
  • Third parties you directed to share your personal data with 3DS Outscale,
  • Public databases.

The provision of personal data identified as mandatory is on a voluntary basis but is necessary to provide you with 3DS Outscale Services.

Please be aware that 3DS Outscale Services are not designed for consumers in the sense of consumer law but only for professionals. By extension, the 3DS Outscale Services are not designed for children who are considered minors under applicable data protection laws.

3DS Outscale only uses your personal data as permitted by law. The legal bases and purposes of 3DS Outscale processing of your personal data are described below:

With your Consent

• To communicate with you, including when you request information related to 3DS Outscale Services, register on 3DS Outscale Sites, participate in surveys, or allow 3DS to take specific actions and more generally to manage 3DS Outscale communication and marketing activities;
• To analyze your requirements and provide you with the most suitable Services;

To enter into an agreement to provide 3DS Services

• To enable you to
  • register for an event, webinar, including to track and administer events you have registered for and attended;
  • Create an account to have access to 3DS Outscale Services and obtain an account ID;
• To enable 3DS Outscale to manage its business relationships with you, (in conjunction with sales opportunities, commercial offers, purchasing,contracts, orders, invoices, delivery, support, and security of 3DS Outscale Services or professional services);
• To operate, maintain, administer, and improve the Services.

To comply with the following legitimate interests:

3DS Outscale takes into consideration and balances any potential impact on you and your rights before processing your personal data for purposes based on legitimate interest. Unless 3DS Outscale has your consent or is otherwise required or permitted to do so by law, 3DS Outscale will not use your personal data in situations where the impact on you outweighs its legitimate interest in processing
your personal data. 3DS Outscale may need to process your personal data for:

• To improve your experience better understand your needs;
• To provide you with information related to marketing activities for similar goods and products if you are already using 3DS Outscale Services;
• To enable 3DS Outscale to manage its business relationships when you are acting on behalf of a 3DS Outscale prospect or customer (in conjunction with sales opportunities, commercial offers, purchasing, contracts, orders, invoices, delivery, support, and security of 3DS Outscale Services or professional services);
• To create anonymous data for analytics;
• To protect, investigate and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity as well as for security and safety prevention.
• 3DS Outscale may combine your personal data together with additional relevant publicly available information or personal data collected through other processing activities.

To comply with law

• To manage 3DS Outscale legal obligations related to compliance laws, including but not limited to anti-corruption laws applicable export laws, trade sanctions, and embargoes issued, by the European Union and its member states, and of the United States of America and other countries, if any. This may include (i) conducting automated checks of any user registration data identified in this Privacy Policy and other information you provide about your identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when you update your information; (iii) blocking of access to 3DS Outscale Services in case of a potential match; and (iv) contacting you to confirm your identity in case of a potential match;
• To keep your financial data with a third-party billing management provider;
• To comply with lawful requests and legal process such as to respond to subpoenas or requests from government authorities as detailed hereinafter.

3DS Outscale does not store your personal data for more time than necessary and only as long as required to fulfill the purposes set out above. Retention periods may vary depending on the data categories and the processing activities. To determine the appropriate retention period for personal data, 3DS Outscale considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which 3DS Outscale processes your personal data and whether 3DS

Outscale can achieve those purposes through other means, and the applicable legal requirements:

• Where you gave your consent, until you withdraw it;
• Where 3DS Outscale has entered into an agreement with you or your employer, as long as the agreement is into force plus the applicable specific statutes of limitations;
• Where 3DS Outscale has a legitimate interest in using your personal data, for a limited period of time appropriate to ensure a fair processing of your personal data or until you object to 3DS’s use of your personal data, subject to 3DS Outscale’ compelling legitimate grounds for continued processing which override your interest in objecting or for the establishment, exercise, or defense of legal claims.
• Where 3DS Outscale is required to comply with a legal obligation, the retention period will be determined according to the applicable law;
• Where your personal data is required to assert or defend against legal claims, 3DS will retain your personal data until the end of the relevant retention period or until the claims in question have been settled.
• At the end of the retention period, your personal data will be deleted or anonymized using process and methods in accordance with data protection standards.

3DS Outscale may share your necessary personal data for certain business purposes with the following categories of organizations:

• Within 3DS Outscale group: 3DS Group is a worldwide organization. In that globalized context, 3DS Outscale may need to share your personal data for purposes consistent with this Privacy Policy (e.g., to provide you with customer support).
• With 3DS Outscale trusted stakeholders
  • Event or marketing sponsors: 3DS Outscale may share your personal data with trusted sponsors with which 3DS Outscale organizes events or marketing promotions. When you register for an event, 3DS Outscale may share your name, company, and email address with other participants and sponsors of the same event for the purpose of communication about the events.
  • 3DS Outscale business partners 3DS Outscale may share your personal data with 3DS Outscale business partners such as resellers assigned to you to provide you or your employer with appropriate offers or Services.
  • Third parties acting on 3DS Outscale behalf: 3DS Outscale may engage third party companies and individuals where necessary and share your personal data with them in the course of the services that they render to 3DS, to administer and provide the Services on 3DS’ behalf (such as customer support, billing services, email delivery and database management services). These third parties will use your personal data only as directed by 3DS Outscale and in a manner consistent with this Privacy Policy and are prohibited from using or disclosing your personal data for any other purpose.
• Third parties to comply with applicable laws, 3DS Outscale may, depending on the applicable law, disclose some of your personal data to government or law enforcement officials or private parties, (a) if 3DS Outscale believes in good faith that such disclosure is reasonably necessary to comply with legal process (for example, a warrant, a subpoena, or other court order), (b) enforce the terms and conditions that govern 3DS Outscale Services, (c) protect the rights, property, or safety of 3DS Outscale, 3DS Outscale’s
  customers, or the public and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity. 3DS Outscale will review the requests to make sure they satisfy applicable laws.
• To third parties to serve or protect 3DS legal and business interests: 3DS Outscale may transfer or otherwise share some or all of its business or assets, including your personal data, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, or a change of control or a total or partial liquidation of 3DS Outscale, in which case 3DS Outscale will make appropriate efforts to require the recipient to honor this
  Privacy Policy.

When accessing a 3DS Site, please note that through your continued use of it, if you are located in a different country than the 3DS Site, you consent to the transfer of your personal data to a country outside of your own where privacy laws may not be as protective as those in your jurisdiction may.

As part of its organization 3DS Outscale may transfer your personal data from a country or region to another country or region. This can for example happen when 3DS Outscale provides you with Services such as customer support. In the event that 3DS Outscale may transfer your personal data to countries not deemed by your country’s authorities (e.g. the European Commission) to provide an adequate level of personal data protection, the transfer will be based on safeguards recognized by your country’s authorities as providing adequate protection for personal data such as the Standard Contractual Clauses issued by the European Commission, your informed consent for the transfer or any other relevant mechanism.

Please contact us if you want further information.

Depending on the applicable data protection laws, you may have some or all of the following rights regarding your personal data:

• access your personal data;
• obtain a copy of your personal data stored by 3DS Outscale;
• request the rectification, completion, update, or erasure of your personal data;
• restrict processing;
• object to specific processing of your personal data if that processing is based on legitimate interests;
• data portability;
• If the processing of your personal data is based on your consent, you have a right to withdraw that consent at any time (e.g., opt-out or unsubscribe from marketing communications).

You may exercise your rights by submitting your request at [email protected].

3DS Outscale may request specific information from you to confirm your identity or process your request. Applicable laws may require or permit 3DS Outscale to decline your request but in all cases, 3DS Outscale will provide you with an explanation of its position, subject to legal restrictions.

3DS Outscale maintains appropriate technical and organizational measures to protect your personal data from loss, misuse and unauthorized access, disclosure,alteration, and destruction during transmission and once in its possession. However, while 3DS Outscale strives to protect your personal data, considering the inevitable risks linked to the Internet, 3DS Outscale cannot guarantee full protection against any leak.

It is important for you to exercise caution to prevent unauthorized access to your personal data. You are responsible for the confidentiality of your password and information appearing on your account. Consequently, you must ensure that you log out of your session in the event of shared use of a computer.

3DS Outscale is committed to ensuring the privacy of personal data:

You can contact the 3DS Data Protection Officer at [email protected] if:

• you have any questions about this Privacy Policy;
• you encounter any issue when having access to your personal data or related to your rights as described above;
• you believe that 3DS Outscale is not complying with the applicable local data protection laws;
• you have a reason to believe that the security of your personal data has been compromised or misused.

When you want to report a claim by lodging a complaint to the Data Protection
Officer, you will need to send a letter to the address mentioned at the end of this
Policy or submit your claim using email address referenced above containing the
name or reference of the concerned processing and any additional information as
reasonably requested by the Data Protection Officer.

Requests for information about our privacy policy or about your personal data can be:

• Emailed to: [email protected]
• Sent by mail to the US office:

3DS OUTSCALE Inc.
45 N Broad Street
Suite 212
Ridgewood, NJ 07450

Phone: +1 (212) 739-9244