TouroCloudBackup.com Privacy Policy

This privacy policy (“Privacy Policy”) applies to the web site http://149.7.212.223 (“Site”) and refers to the personal data processing activities performed by HGST Singapore, Pte. Ltd. and limited to performance of the Touro Cloud Backup Services by its website host, Memopal s.r.l. (together “We, us, our”, unless differently specified), thus the information of the Privacy Policy generally refers to both HGST Singapore, Pte. Ltd and Memopal s.r.l., save when expressly specified that one or more processing activities or conditions refer to only one of them. The Privacy Policy has been drafted in accordance with the Recommendation n. 2/2001, adopted on May 17, 2001 by Article 29 Data Protection Working Party in relation to the minimum requirements for the collection of data on-line within the European Union and also represents information statement to the data subjects according to section 13 of Legislative Decree June 30, 2003 n. 196 consolidated (“Privacy Code”). The Privacy Policy specifies the identity of the data Controllers that control and manage the personal data collected and processed through the Site, specifies what is the personal information collected, the data processing purposes and conditions, the extent of personal data communication to third parties, the data security measures adopted in order to protect and safeguard data and the ways in which you may verify the processing of your data and enforce your rights as acknowledged under the Privacy Code. The Privacy Policy is subject to updating and the version published on the Site is that actually in force. If the Privacy Policy changes we will notify you by posting a link on the home page of the Site that reads “Newly Revised Privacy Policy”. You should periodically review the Privacy Policy to be informed of any relevant change.

1. Data Controllers and place where data are stored


The data Controller is HGST Singapore, Pte. Ltd (“HGST”), registered offices at: 4 Kaki Bukit Avenue 1, 03-08 Singapore, 417939 – e-mail: privacy.tourocloudbackup@hgst.com; since this is a controller established out of the European Union, for purposes of compliance with the Privacy Code the Italian privacy Representative of HGST is Memopal s.r.l., registered offices at: Via Nepal, 29 00144 Rome, Italy – e-mail: info@memopal.com. Limited to performance of the Touro Cloud Backup Services, the Controller is also Memopal s.r.l., registered offices at: Via Nepal, 29 00144 Rome, Italy – e-mail: info@memopal.com. Personal data collected through the Site will be stored and processed through electronic systems managed by HGST and Memopal s.r.l. that are located at their offices above identified, through only specifically authorized staff designated to access and process the data, including staff designated for performance of non-routine maintenance operations of the Site.

2. Information We Collect


In general, the visit and consultation of the Site does not imply collection and processing of your personal data. The processing of personal data of users that visit and consult the Site is limited to the so named surfing data, namely the data whose transmission to the Site is implicit in the functioning of the information systems in charge of the managing of the Site and in the use of communications protocols peculiar to the Internet. Surfing data are, for example, the IP addresses or the domain names of the computers employed by the users who connect to the Site and other parameters relating to the type and the information operating system employed by the user. Surfing data, such as these above specified and for example the number of visits, the time spent on the Site are collected and processed exclusively for statistical purposes and in anonymous form in relation to the access and use of the Site and for purposes of monitoring the correct functioning of the Site. Due to the nature itself of surfing data, these data may lead to your identification if they are associated with data held by third parties; however, we do not collect surfing data to associate them with identified users. Surfing data may be used for purposes of assessing possible responsibilities in case of information crimes realized against the Site or through the Site. With the exception of the aforementioned circumstance, we keep surfing data for the time allowed by applicable laws.

Furthermore, personal data voluntarily provided by you will be used to manage your interaction with the Site functionalities and request of the services offered by the Site, for example your subscription to the Site, to newsletter or mailing list, your purchase of products and services through the Site, your participation to promotions and other initiatives realized through the Site such as for example contests and sweepstakes, your request of information or your sending of questions, communications or feedbacks through traditional mail or through the Site. Memopal s.r.l. will process your personal data for providing and managing the Touro Cloud Backup Services that you are entitled to receive or that you purchase from the Site. With your consent, your personal data may be also used by HGST for the purposes specified in the below section Purposes and conditions of the personal data processing. Personal data collected include includes your name, contact details such as street address, telephone number, e-mail address, financial information (including credit card or account information) to manage your online purchases, information such as your nationality and country of residence that allows us to comply with applicable laws for determining your eligibility under export control regulations to purchase products and to receive information about certain technologies, information relating to your purchase of products and services (e.g. inquiries about and orders for our products and services), your feedbacks, information provided by you when you communicate with us, information used to customize and facilitate your use of our websites, including login and technical information (please see above and also the below section on Use of Cookies, and further possible information of an optional nature. In the relevant sections of the Site where data are collected it is published a specific information statement drafted according to Section 13 of the Privacy Code. When requested under the Privacy Code your consent is requested before proceeding to your personal data processing. If you provide personal data about another person, you hereby confirm that said communication and further processing by us as set out in the Privacy Policy and relevant privacy statement published on the Site complies with the Privacy Code and applicable privacy laws, so for example you should inform said person and if necessary obtain his or her consent to the data processing.

Per the Contract between you and Memopal, Memopal will not inspect data (including personal data) stored by you, except as is unavoidable to providing support for the Services as allowed by applicable laws. Memopal will also cooperate with a judicial authority that is authorized to inspect the data stored on Memopal servers. Any illegal data which may be identified by delegated judicial authorities may be removed from Memopal’s servers. Where your improper use of the Services comes to our attention, in accordance with applicable laws Memopal may remove content, suspend or terminate the Services, and/or cooperate with law enforcement authorities.

3. Purposes and conditions of personal data processing


Further to the data processing relating to the so named surfing data (please refer to the above section Information we collect). personal data voluntarily provided by you will be processed upon your interaction with the Site functionalities and request of the services offered by the Site. Personal data may also be collected as lawful from third parties. Your personal data will be used for the following purposes: managing of your subscription to the Site, newsletter or mailing list, managing of your purchase of products and services through the Site and of your participation to promotions and other initiatives organized through the Site such as for example contests and sweepstakes, to reply to and manage your request of information, questions, communication or feedbacks. Your personal data will also be processed to comply with obligations imposed by laws, regulations, Community legislation and to establish or defend a legal claim. Memopal s.r.l. will process your personal data for providing and managing the Touro Cloud Backup Services that you are entitled to receive or that you purchase from the Site. Furthermore with your consent, your personal data may be processed for the following purposes by HGST: for survey purposes, for sending to you, also through e-mail, of promotional information and material on products of the HGST Group, on special initiatives on prices and promotions and on events, exhibitions and fairs organized by the HGST Group or to which the same takes part. You will always have the opportunity to object the processing of your personal data for the sending of promotional information and material through e-mail; in each communication there will be a specific section in which are specified the conditions (easy to perform and free of charge) of revoking the consent.

Personal data are mainly processed through electronic and automated means under procedures and processes that comply with the purposes above specified, but also without electronic means, only for the time strictly functional to achieve the data processing purpose from time to time pursued.

4. Security of Your personal data


We are committed to protect the security of your personal data, which are processed in compliance with the security provisions provided by applicable laws and regulations to prevent data loss, unlawful or unfair use of data and unauthorized data access. The Site deploys advanced security technologies and procedures to help protection of your personal data against non authorized access, use or disclosure. For example, personal data provided by you are stored on secured servers placed in controlled locations. Moreover, details relating to any transactions entered into on the Site will be encrypted to ensure its safety. The transmission of information via the Internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential and secure. You may help us to update and maintain accuracy of the your personal data by notifying us of any amendment to your address, title, telephone number or electronic mail (e-mail) address or other information on you. You may perform the foregoing on-line following the instructions reported on your user profile pages of the Site.

5. Disclosing of your personal data


Your personal data are shared within the limits and under the circumstances specified in this Privacy Policy and in the information statement published on the Site in the sections where data are collected, in any case in compliance with the consent given by you upon collection of data. Your personal data will be accessible within the organization of HGST by the personnel that need to access them because of their duties in relation to the processing purposes herein specified, by the Processor if appointed and by the Italian privacy Representative of HGST as above specified. As to the Italian privacy Representative of HGST and Memopal s.r.l., data will be accessible by their personnel in charge of processing activities and Processors, if appointed. The complete and updated list of Processors and the subjects to which data may be communicated remains at your disposal free of charge upon request at the Italian privacy Representative of HGST and Memopal s.r.l..

Your personal data may be communicated to institutions, authorities, public entities, banks, financial institutions, professionals, independent consultants, also in associate form, business partners, notably third parties providing business, professional and technical services functional to the managing of the Site, the functionalities offered by the Site and the initiatives and services offered through the Site, third parties that offer services strictly functional to achievement of the processing purposes above specified and third parties in case of mergers, acquisitions, transfer of assets, products, sites or operations. The foregoing applies to both HGST and Memopal s.r.l. With regard to HGST, your personal data may also be communicated to other companies and subsidiaries of the HGST Group for performance of the processing activities and achievement of the processing purposes above specified; they will process data according to applicable data protection laws and regulations. The third parties data recipients will be provided only with the information necessary to perform their respective functions; they agree to use the information received only for the processing purposes above specified, to keep it confidential and secure and to comply with applicable laws. Your personal data may further be communicated by HGST and Memopal s.r.l. to whoever is the legitimate addressee of communications as provided by applicable laws and regulations.

The third parties receiving your personal data will process them as Controllers, Processors or persons in charge of processing, as the case may be, for the same purposes above specified and according to applicable privacy laws. Your personal data will not be communicated to third parties for their own marketing purposes and will under no circumstance be spread. Due to the multinational nature of the HGST Group, some of the above mentioned recipients may be located abroad, also outside the European Union, in countries not providing for an adequate level of data protection as intended under the Privacy Code. HGST will take all reasonable steps to make sure that your data is treated securely and in agreement with this Privacy Policy and that the transfer takes place according to the Privacy Code.

Use of Cookies


Cookies are small data files stored on the hard disk of your computer. The so called “session cookies” are stored in a temporary memory and deleted when you closes the browser; they do not collect any information from your computer. The Site deploys cookies also for specific and limited purposes, for example upon your subscription to the Site, and said cookies collect your personal information that are used to recognize you in case of following visit to the Site, to make easier the visit to the Site and the login procedure (for example by remembering your username and password), to allow us to understand what are the sections of the Site that you are most interested in, to offer you a personalized visit of the Site and of the information thereon published, and for Site security and managing purposes. The cookies deployed on the Site cannot be used to run programs on your computer or to download viruses on the same, and they do not allow any kind of control on your computer. Most web browsers automatically accept cookies, but you can usually change the web browser to disable this function. The section “Help” of the toolbar placed on the majority of browsers explains how to avoid receipt of cookies, web bacons and other tracking technologies, how to obtain from browser notice of receipt of the referenced technologies or how to disable them completely. Disabling of cookies may limit the possibility to use the Site and may prevent you from fully benefiting of the Site functionalities and services.

7. Providing of your personal data


Except for the foregoing description in relation to the surfing data (please refer to the above section Information we collect). providing your personal data is necessary for performance of the services and functionalities offered by the Site and required by you, such as your subscription to the Site, newsletters or mailing lists, managing of your purchase of products and services through the Site and your participation to promotions and other initiatives realized through the Site such as for example contests and sweepstakes, replying to and managing of your request of information, questions, communication or feedbacks. Providing of your personal data for the activities necessary to comply with applicable legislation is mandatory. In the above referenced circumstances, denial of providing your personal data would make it impossible for HGST and Memopal s.r.l. to comply with their contractual obligations or to provide you with the requested services, products or information as above specified.

With regard to HGST, providing of data for survey and marketing purposes as above specified is optional; denial thereof will have no consequences on compliance by HGST with its contractual obligations and on providing you with the services, products or information requested as above specified.

8. Third Party Links


The Site may contain links to other sites. We do not have any type of access or control on cookies, web bacons and other user tracking technologies present on web sites of third parties, on the availability and on any content or material contained in, or obtained through any such sites, and on the conditions of processing of your personal data by said third parties’ web sites, and hereby expressly disclaim any relevant liability. You should consult the privacy policy of third parties’ web sites that you access from the Site to be informed on the conditions of collection and processing of your personal data, since this Privacy Policy only applies to the Site as above defined.

9. Children’s privacy (children 18 years of age and under)


HGST and its website host, Memopal s.r.l. do not knowingly solicit or collect personal data from or about children (aged under 18) for any purpose, since the Site is addressed only to persons aged 18 or over. If we become aware that the person submitting personal data, through any part of the website, is under 18, we will use reasonable efforts to delete that personal data as soon as possible, avoid disclosure to third parties and cease any relevant data processing activity.

10. Your rights


You are entitled at any moment to enforce the rights as provided under Section 7 of the Privacy Code, including but not limited to the right to obtain at any moment confirmation that your personal data exist or not, verify their content, origin and accuracy, ask for their integration, updating, amendment, deletion, transformation in anonymous form, block for breach of laws and regulations, and user may oppose for legitimate reason the data processing. To enforce your privacy rights you may contact the Italian privacy Representative of HGST and Memopal s.r.l. at the below addresses.

11. Contacting Us


We welcome any queries, comments or requests you may have regarding this Privacy Policy and any request of enforcement of your privacy rights. Please do not hesitate to contact us at:

HGST Singapore, Pte. Ltd
4 Kaki Bukit Avenue 1, 03-08 Singapore, 417939
e-mail: privacy.tourocloudbackup@hgst.com

Italian Privacy representative of HGST: Memopal s.r.l.,
Via Nepal, 29 00144 Rome, Italy
e-mail: info@memopal.com

Memopal s.r.l.
Via Nepal, 29 00144 Rome, Italy
e-mail: info@memopal.com

The Effective Date of this Privacy Policy is: July 7, 2010