MSP360 Privacy Policy

Last Updated: January 11, 2022

MSP360 has numerous offerings, including but not limited to, a cloud based platform that enables users to carry out three core functions: (1) back-up of data to a destination of their choice; (2) utilization of remote desktop connectivity to catalogue devices into a directory which can be used to connect to those devices; and (3) remotely monitor the status of firewalls, functionality, memory usage, and general performance, as well as management of anti-virus applications, and prevention of unwanted intrusions and malware. For more information on MSP360, please see the “About” section of our website at About company .

MSP360 is committed to protecting the privacy of its users. Please read this Privacy Policy (the “Policy”) carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information, as well as any rights you may have with respect to such information.

This Policy applies to use of public portions of , registered users of our standalone products , and registered , and registered users of the MSP360™ Managed Backup Services and MSP Console (collectively, the "Services"). This includes information collected via:

  • The Services;
  • In email, text, and other electronic messages between you and the Services; and
  • Through mobile and desktop applications you download from the Services, which provide dedicated non-browser-based interaction between you and the Services.

This Policy does not apply:

  • To information collected by any third party including any application, website, service, or content that may linked to or be accessible from our Services; or
  • Where a particular part of the Services posts its own privacy policy, in which case that policy, not this Policy, applies when inconsistent.

By using or accessing our Services, or by providing your information to us, you agree that we may process your personal information in the manner described in this Policy.

Table of Contents

  1. Key Terms
  2. Personal Information We Collect About You
  3. How your Personal Information is Collected
  4. How and Why we use your Personal Information
  5. Promotional Communications
  6. Who we Share your Personal Information With
  7. Where your Personal Information is Held
  8. How Long your Personal Information Will be Kept
  9. Transferring Your Personal Information Out of the EEA
  10. Your Rights Under the GDPR
  11. Your Rights Under the CCPA
  12. Keeping Your Personal Information Secure
  13. Changes to this Privacy Notice
  14. How to Contact Us

1. Key Terms

Here are several key terms used in this Policy:

We, us, ourMSPBYTES, Corp., d/b/a/ MSP360, and our affiliates
User, customer, you, and yourIndividuals about whom we may collect personal information
Personal informationAny information relating to an identified or identifiable individual or user of our Services

2. Personal Information We Collect About You

Personal Information is required to provide our Services to you. If you do not provide Personal Information we ask for, it may delay or prevent us from providing our Services to you. We may collect and use the following Personal Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Categories of Personal InformationSpecific Types of Personal Information Collected
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, or other similar identifiers)First and last name, email, and user credentials
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial informationFirst and last name, email, user credentials, Video Recordings of Onboarding sessions, phone number, details related to a user business’s size and purpose for using Services, and payment information
Characteristics of protected classifications under California or federal law (e.g. Age, race, national origin or citizenship, veteran or military status)None
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)User business’s size and purpose for using Service, Services purchased and accessed, and purchase history
Biometric informationNone
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)IP addresses, information from and about devices used to access the Services, browsing history and activity on the Services, connected network and device information and identifiers associated with devices
Geolocation dataIP addresses are used to identify user locations
Professional or employment-related information (e.g. current or past job history or performance evaluations) None
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)None
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudesWe track user and visitor information and behavior on our Services to understand overall usage patterns for the Services

3. How Your Personal Information is Collected

We collect most of this Personal Information directly from you—via our Services, or by telephone, text or email. However, we may also collect information:

  • From publicly accessible sources (e.g., IP and publically available routing information);
  • From a third party with your consent (e.g., your bank or credit card provider);
  • From cookies, web beacons, and local shared objects on our website and other methods to include third party tools such as LinkedIn, Google Analytics, Facebook, Hubspot, and AWS.
  • Via our IT systems, including:
    • Automated monitoring of our Services and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems.

4. How and Why We Use Your Personal Information

Under certain data protection laws, we can only use your Personal Information if we have a proper reason for doing so, for example:

  • To comply with our legal and regulatory obligations;
  • For the provision of our Services to you or to take steps at your request;
  • For our legitimate interests or those of a third party; or
  • Where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your Personal Information for and our reasons for doing so:

What we use your personal information forOur reasons
To provide our Services to youFor the provision of our Services to you or performance of our contract with you, and to improve our Services (e.g. storage services, setting up and maintaining your accounts, to communicate with you by providing feedback/reports)
To prevent and detect fraud against you or usFor our legitimate interests or those of a third party (i.e. to minimize fraud)

Conducting checks to identify our customers and verify their identity

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business

To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, (e.g. policies covering security and usage)For our legitimate interests or those of a third party (i.e. to ensure we are following our own internal procedures so we can deliver our best Services to you)
Operational reasons, such as improving efficiency, training and quality controlFor our legitimate interests or those of a third party (i.e. to be as efficient as we can so we can deliver our best Services for you at the best price)
Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party (i.e. to protect our trade secrets)

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our business (e.g. in relation to our financial performance, customer base, product range or other efficiency measures)For our legitimate interests or those of a third party (i.e. to be as efficient as we can so we can deliver the best Services for you at the best price)
Preventing unauthorized access and modifications to systems

For our legitimate interests or those of a third party (i.e. to prevent and detect criminal activity that could be damaging for us and for you)

To comply with our legal and regulatory obligations

Updating customer records

For the provision of our Services to you or performance of our contract with you

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party (e.g. making sure that we can keep in touch with our customers about existing orders and new products)

Ensuring safe working practices, staff administration and assessments

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party (e.g. to ensure we are following our internal procedures and working efficiently so we can deliver our best Services to you)

Marketing our ServicesFor our legitimate interests or those of a third party (i.e. to promote our business to existing and former customers)
External audits and quality checks (e.g. for ISO or the audit of our accounts)

For our legitimate interests or a those of a third party (i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards)

To comply with our legal and regulatory obligations

5. Promotional Communications

We may use your Personal Information to send you updates about our Services, including exclusive offers, promotions or new Services.

We have a legitimate interest in processing your Personal Information for promotional purposes (see above “How and why we use your Personal Information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your Personal Information with the utmost respect and never sell it to other organizations. We may share certain anonymized aggregate summary information regarding customers with affiliates or other third parties.

You have the right to opt out of receiving promotional communications at any time by:

  • Contacting us using the details below; or
  • By using the customer portal to contact the respective reseller, as applicable.

6. Who We Share Your Personal Information With

We do not sell your Personal Information. We may share or disclose the categories of Personal Information listed in Section 2 for a business purpose with trusted third parties. Any Personal Information so shared shall be used only to perform or complete necessary transactions or functions related to provision of our Services. To the extent our Services are hosted, accessed through, or used to access a trusted third party (e.g. using a single sign-on or SSO) which collects Personal Information, then that trusted third party’s privacy policy, not this Policy, will apply. We routinely share Personal Information with trusted third parties, including:

  • Service providers we use to help deliver our Services to you, such as payment service providers, including FastSpring and Digital River, and storage providers to include Amazon Web Services, Microsoft Azure, Google Cloud, BackBlaze, and Wasabi Technologies;
  • Other third parties we use to help us run our business, such as marketing and sales platforms or providers; and
  • Third parties approved by you, including by sharing links on social media sites to blog articles on our Services (which may contain Personal Information) or our MSP University content.

7. Where Your Personal Information is Held

We offer our Services globally and, therefore, we store information in the United States and other locations where our service providers have facilities.

8. How Long Your Personal Information Will Be Kept

Personal Information is stored as long as you use our Services. Once you decide to stop using our Services, we can completely remove the account from our database. However, we will keep your personal information for as long as is reasonable:

  • To respond to any questions, reactivation requests, complaints or claims made by you or on your behalf;
  • To show that we treated you fairly; or
  • To keep records required by law.

9. Transferring Your Personal Information Out of the EEA

Where applicable, to deliver Services to you, it is sometimes necessary for us to share your Personal Information outside the European Economic Area (“EEA”). These transfers are subject to special rules under European and UK data protection law. Non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, strive to ensure such transfers comply with data protection law, including Standard Contractual Clauses, and that all Personal Information will be secure. With respect to such transfers, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities. If you would like further information, please refer to our GDPR Compliance Statement .

10. Your Rights Under the GDPR

If you are a resident of the EEA, your data protection rights are as follows:

  • If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us using the contact details provided below.
  • You can object to processing of your Personal Information, request that we restrict processing or request portability of your Personal Information. You can do so at any time by contacting us using the contact details provided below.
  • You have the right to opt-out of marketing communications. You can exercise this right by clicking “unsubscribe” or “opt-out” in any marketing emails we send you. To exercise this right with respect to other forms of marketing, please contact us using the details provided below.
  • If we have collected and presently process your Personal Information with your consent, you can withdraw consent at any time. However, this will not affect the lawfulness of any processing we conducted prior to your withdraw of consent, nor the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

11. Your Rights Under the CCPA

California residents have specific rights under the California Consumer Privacy Act (“CCPA”) with respect to processing of their Personal Information. Section 2 of this Policy lists the categories of information that we processed or used for a business purpose in the last 12 months. Subject to exceptions, you may request deletion of your Personal Information or disclosure by using the contact details provided below.

However, we can only respond to verifiable request received from individuals who desire to exercise their rights in accordance with applicable law. When contacting us, you will need to provide sufficiently detailed information about the Personal Information you are requesting that we update, correct, amend, or remove, to include the timeframe and manner you believe we collected your Personal Information. If the information was obtained via a customer or third party acting on your behalf, you will need to contact the individual or entity you provided your information to.

12. Keeping Your Personal Information Secure

While no security measures are perfect or impenetrable, we have implemented appropriate security measures to help prevent Personal Information from being accidentally lost, used or accessed in an unauthorized way. These measures include the use of transport layer security (e.g. SSL and TLS variants), hash encryption, and two-factor authentication. We limit access to your Personal Information to those who have a genuine business need to access it. However, it is also your responsible to maintain the confidentiality and security of your credentials.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures integrated into our Services.

13. Changes to This Privacy Notice

We may change this privacy notice from time to time to reflect changes to our information practices. If we make significant or material changes to how we use Personal Information, we will notify you by email if feasible or by means of a notice on our Services. We encourage you to periodically check this page for the most up-to-date information on our information practices.

14. How to Contact Us

Please contact us if you have any questions about this Policy or the information we hold about you.

Our contact details are shown below:

Our contact details
6425 Living Place Suite 200 Pittsburgh, PA 15206