For Gitential.com Inc., security and data privacy are of paramount importance. Our mission is to make privacy and security available to people and businesses. That’s why we use proven industry standard solutions to protect your data store in our systems, such as SSL and OAUTH. With regards to the specific data protection protocols followed by these solutions, please visit their websites SSL at https://tools.ietf.org/html/draft-ietf-tls-ssl-version3-00, OAUTH at https://tools.ietf.org/html/rfc6749.
We encrypt all and every transmission containing personal data using Secure Socket Layer technology (SSL) and apply additional, client-side methods on the data stored in protected storages (The Secured Content)
According to the best of gitential.com‘s knowledge, we cannot use Your Secured Content to identify any individual. However, when using the service, creating and using your user account, you also submit some non-encrypted data, which may include personal data as well.
1. Who will process your personal data?
Your data is processed by Gitential.com Inc. However, if you are a part of a business subscription, certain data is processed upon the instructions of your organization by an Administrator.
Gitential services are provided by Gitential.com Inc., a company registered under the laws of Delaware, USA. If you have a subscription with us as an individual user from the European Economic Area (EEA), GITENTIAL.COM INC. will be the controller of your personal data under EU law.
If your account is part of a Business Subscription, or you receive a GITENTIAL link from a user who is part of a Business Subscription, the ultimate decisions regarding your personal data will be made by the relevant organisation and/or its assigned Administrator. In such case, your company will be considered as a controller and Gitential.com will act as a processor, acting upon the instructions of such organisation.
2. What kind of personal data do we process?
2.A, Data that you provide to us
Registration information. When you register for our services, you submit some non-encrypted identification and contact data (such as your e-mail address, name, job title or position, address, phone number). The data that we request at the time of registration is necessary for the provision of our services.
Billing information. At the time of registration, you also need to provide certain billing information. You might also provide payment information, such as payment card details, which we collect via secure payment processing services. This data is necessary to provide you with GITENTIAL services.
Account information. When you use our services, you also give us access to certain information (such as the name and the permission history of your GITENTIAL folders) that is necessary for the provision and maintenance of your user account.
In order to send and deliver invitations upon your instructions, GITENTIAL stores and accesses certain personal data (such as the email address, name, username and its unique URL, storage account and username of the inviter and the invited person). Please note that your email address, first and last name are visible to others when you send them an invitation to, or if you accept an invitation.
Access logs. Content owners may apply certain security settings to protect the content of share links. If you open a GITENTIAL link where Detailed access logs are enabled, certain information (such as your IP address, approx. location, and the platforms that were used to download the contents of the link) will be logged for your open attempts.
Source code authoring information.As GITENTIAL is analyzing program source codes stored in Git repositories, code authoring information – such as committed code, e-mail address, Git username, commit time, commit content, other Git operations – will be processed and stored in the protected system database. If you are using GITENTIAL as part of an organization, other users within your organization, system administrators will have access to your code authoring information.
Other information. You may decide to share further information, including personal data, with us when you contact our Support or Sales Teams, submit forms on our website or otherwise communicate with us. It is solely your decision to share any detailed, non-aggregated logs (which may contain e.g. non-encrypted filenames), your screen or any other data with us during such communications, so our processing of such data will be based on your consent.
Website statistics. You can visit the GITENTIAL website, which is separate from the GITENTIAL products and services, without providing any direct information about yourself.
We store access data without direct personal references, namely the visitor’s browser types, the name of your internet service provider, the website from which you have visited us, the name of the requested file, the GITENTIAL client version you download, and internet protocol addresses.
Unless you choose to identify yourself, either by responding to a promotional offer, opening an account or filling out a web form, this data does not allow us to draw any conclusions regarding your identity. By storing and analyzing such information, we are able to create in-depth analysis about our service, which is essential for improvement, security and debugging purposes.
Logs. As most websites and services provided through the Internet, we gather certain information and store it in log files when you interact with our website or service. This information includes internet protocol (IP) addresses as well as browser type, operating system, identification numbers associated with your devices, time of access, and error logs.
Analytics. When you download and use our services, we automatically collect information such as the type of device you use, operating system version, your GITENTIAL software version and the IP addresses associated with you.
2.B, Information that we collect from third parties
Other users of our services. Other users of GITENTIAL services may provide information about you while using our service.
Our resellers and distributors. From time to time, we engage trusted business partners who help us generate leads, and market, promote and resell our product. We receive information from these partners, such as billing information, contact information, company name and registered address.
3. What is the legal basis for processing? (for EEA users)
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. This means we collect and use your information only where:
- It is necessary in order to provide you GITENTIAL services, including to set up and maintain a GITENTIAL account for you, to provide customer support and to protect the safety and security of our services
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services and to protect our legal rights and interests,
- You give us consent to do so for a specific purpose or
- It is needed to comply with a legal obligation.
4. How do we use your data?
We may process your personal data for several purposes. How we use your personal data depends on your subscription plan, on how you use the Gitential services, and your preferences you have communicated to us.
We will use your personal data, such as Registration and Account Information, for the provision and maintenance of your user account, for authentication purposes, and for providing the Gitential service to you.
We will process your Registration and Billing Information for billing purposes, i.e. to complete transactions, and send you related information, including purchase confirmations and invoices.
We will send you technical notices, updates, security alerts, support and administrative messages. Please be aware that you cannot opt out of receiving certain service messages from us, including necessary security alerts and legal notices.
We also send messages about how to use the services. You may change your preferences for communications at any time.
Push notifications (in-app) may be sent to your device to notify you of new folders being shared or certain events or user actions regarding the user account or the user’s data. To opt out of push notifications, please edit settings at the device level.
Our service also enables communications between you and others. In particular, sending and delivering invitations, between you and the person who invites you or whom you invited.
We are always looking for ways to make Gitential better, faster, smarter, and more secure. We use aggregated web statistics and logs about how people use our services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and improvement of our services. We also test and analyse certain new features with some users before rolling the feature out to all users.
If you are an existing customer of Gitential, based on your consent provided we may use your email address and phone number provided to us to send you marketing communications, such as providing you with information about similar Gitential products and services.
We may also use information about you, including web statistics and logs, to personalize the content and experience you receive on our websites or in our marketing communications, as well as by displaying Gitential ads on other companies’ websites and applications, such as on platforms like Facebook and Google. Where legally required, also seek your consent for sending marketing communications.
We use information about you to secure your profile, verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of our Terms of Service or Acceptable Use Policy.
Occasionally, we connect personal information to information gathered in our log files as necessary to provide better customer experience and to improve our services. In such a case, we would treat the combined information in accordance with this policy.
You may opt-out of these statistics or logs at any time by editing settings, but please note that in this case, it might be more difficult to our support team to find the problem when something goes wrong.
Protecting Our Legitimate Business Ingerests and Legal Rights
Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
We may also process your data for any other purposes for which we obtain your consent where necessary or otherwise in accordance applicable law and this policy.
5. How do you use your personal data?
5.1. Do we share your personal data with third parties?
We will share your personal data with third parties only in accordance with this policy. We will never sell your personal data to third parties. However, we may need to share some information, including personal data, we obtain from your use of our service in the following circumstances.
5.2. Complying with legal requirements
Gitential may transmit personal data if the applicable legal provisions so require, or when such action is necessary to comply with any laws, including to meet national security or law enforcement requirements. We may also need to share personal data for the protection of our rights and interests, to protect your safety or the safety of others or to investigate fraud, in accordance with the applicable laws.
5.3. Using third party service providers
In certain cases, we need to share information, including personal data with our third-party service providers. We use third-party service providers for a number of services, including application development, backup, storage, payment processing, analytics and other services. We require our third-party service providers to use the personal data that we share with them solely in connection with the services they provide to us.
5.4. Content shared by you
Information, including personal data, will be shared with a third-party when you share content using our service with a third party (e.g. through share links and collaborating). You acknowledge that once you shared all or a part of your Encrypted Content by using our service with any person who accepted your invitation, such content goes out of your control and remains accessible to the extent you granted access. Accordingly, we ask you to pay special attention with whom you share your Encrypted Content.
5.5. Downloading content
When content is shared with you – either by accepting, downloading, or invitation –, certain information regarding your activity, might also be disclosed to the shared party.
If your account is part of a Business Subscription, or you are an employee of the user with a Business Subscription, the relevant Administrator may be able to view certain information about your interactions with the relevant Business Subscription. Such information may include your email and activity. If you have any questions about this, please refer to the policies of the relevant Business Subscription you are member of.
6. Business transactions
We may assign or transfer this policy, as well as your account and related information and data, including any personal information, to any person or entity that acquires all or substantially all of our business, stock or assets, or with whom we merge.
From time to time, we may post testimonials on our website that may contain personal data. We obtain your consent to post your name along with your testimonial. If you wish to update or delete your testimonial, you can contact us at dpo@Gitential.com.
If you choose to use our referral service to tell a friend about our products and services, we will ask you for your friend’s name and email address. We will automatically send your friend an email inviting him or her to visit our website and will store this information for the purpose of sending this initial email, tracking the success of our referral program and other marketing activities. We will not contact him or her more than once. Your referral may contact us at dpo@Gitential.com to request that we remove their information from our database.
9. Where do we transfer your data?
Gitential.com Inc. is a company organized and existing under the laws of the USA, Delaware, having certain affiliates within the territory of the EEA. Therefore, Your personal data stored with us may also be transferred to countries outside of the EU. All such transfers of personal data are and will be made in accordance with applicable laws.
10. How do we protect your data?
10. A) Security
We take appropriate technical and organizational measures to protect your personal data against loss or other forms of unlawful processing.
10. B) Confidentiality
We NEVER collect or store your files, encryption keys and passwords in an unencrypted or invertible form. The Encrypted Content and corresponding encryption keys can only be decrypted by you and persons with whom you explicitly share them. If you have an account that is part of a Business Subscription with recovery master key, Your Encrypted Content also may be accessed by your Recovery Administrator.
11. How long will we retain your information?
11. A) Your Personal Data
We will retain your personal data as long as it is needed to fulfil the purposes specified above, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it as soon as it is technically possible.
If your personal data is held by us on behalf of your company, we will retain such personal data in accordance with the terms and conditions of our data processing agreement with them, subject to applicable law.
11. B) Your Secured Content
As a registered user, you can access, edit or delete Your Secured Content. Once you delete your content on the Gitential platform for any reason, Your Secured Content will also be automatically deleted within 90 days. For technical and support reasons, we may keep your data for 60 days from the date when you deleted. Please note that after this date, Your Secured Content will be destroyed in a way that those cannot be restored and will not be available again to anyone, including you.
12. Your privacy rights
You may ask us to:
- provide information to you about the personal data that we or our processors maintain about you,
- correct inaccuracies or amend your personal data,
- delete your personal data.
You can request this by send an email to dpo@Gitential.com. We will respond to your request within thirty days. Please note that, we may ask you to verify your identity before complying with the request. Please bear in mind that in case of a business subscription, you might have an internal agreement with your employer that entitles the Administrator to handle your data, and in such cases you might not practice your privacy rights without the Administrator’s consent.
If you are from a country where the GDPR applies, you may have additional rights such as:
- In certain circumstances, you may have a broader right to erasure of your personal data. For example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
- You may have the right to request us to stop processing your personal data and/or to stop sending you marketing communications.
- You may have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is inaccurate or unlawfully held).
- In certain circumstances, you may have the right to be provided with your personal data in a structured, machine readable and commonly used format and to request that we transfer the personal data to another data controller without hindrance.
If you would like to exercise such rights, please contact us at dpo@Gitential.com . We will consider your request in accordance with applicable laws. To protect your privacy and security, we may ask you to verify your identity before complying with the request.
Please note that if your account is part of a Business Subscription, we will not independently respond to your request without your organisation’s prior written consent, except where required by applicable law.
You also have the right to complain to a data protection authority or claim damages before the court. For more information, please contact your local data protection authority. A list of contact details for the EU data protection authorities is available here.
If you want to exercise your data privacy rights, please email us. We may ask for proof of identity.
13. Withdrawal of consent
In cases where the processing of your personal data is based on your consent, you can withdraw your consent any time by editing settings. In addition, you can also contact us at dpo@Gitential.com . If you withdraw your consent, we will no longer process your personal data for the relevant purpose. However, please note that such withdrawal of your consent does not affect the lawfulness of our processing activities based on consent before its withdrawal.
Please note that if your account is part of a Business Subscription, we will not independently respond to your request without your organisation’s prior written consent, except where required by applicable law.
14. Additional Disclosures for California Residents
14.1. These additional disclosures and rights for California residents apply only to individuals who reside in California beginning January 1, 2020. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
14.2. In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:
14.2.1 Identifiers – including name, email address, phone number, account name, IP address, and an ID or number assigned to your account.
14.2.2 Customer records – billing and shipping address, and credit or debit card information.
14.2.3 Demographics – such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
14.2.4 Commercial information – including purchases and engagement with the Sites and/or services.
14.2.5 Internet activity – including your interactions with our Sites and/or services.
14.2.6 Geolocation data – including location enabled services such as WiFi and GPS.
14.2.7 Employment and education data – including information you provide when you apply for a job with us.
14.2.8 Inferences – including information about your interests, preferences and favourites.
14.3. For more information on information we collect, including the sources we receive information from, review the “Information We Collect From You” in Section 2. We collect and use these categories of personal information for the business purposes described in sections 4 and 5. to provide and manage our Sites.
14.4. GITENTIAL.COM INC. does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities, we will comply with applicable law as to such activity. GITENTIAL.COM INC. discloses the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Sites.
14.5. If you are a California resident, you have the right to delete the personal information we have collected from you and the right know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
14.5.1 The categories of personal information we have collected about you;
14.5.2 The categories of sources from which the personal information was collected;
14.5.3 The categories of personal information about you we disclosed for a business purpose or sold;
14.5.4 The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
14.5.5 The business or commercial purpose for collecting or selling the personal information; and;
14.5.6. The specific pieces of personal information we have collected about you.
14.6. To exercise any of these rights, please submit a request, please email us at dpo@Gitential.com . In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
To the extent GITENTIAL.COM INC. sells your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by submitting a request to opt-out by emailing us at dpo@Gitential.com .
Please bear in mind that in case you are part of a business subscription and you have a separate agreement with your organisation, the above data might be deleted upon the approval of your organisation, by the Administrator user.
14.7. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
14.8. You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
14.9. Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email to dpo@Gitential.com and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
15. Additional Disclosures for People in the EU and EEA
15.1 This Section 15 only applies to individuals within the European Economic Area (“EEA”). Under Europe’s General Data Protection Regulation (“GDPR”), in certain circumstances, you have the right to (a) request access to any personal data we hold about you and related information, (b) obtain without undue delay the rectification of any inaccurate personal data, (c) request that your personal data is deleted provided the personal data is not required by us for compliance with a legal obligation under European or Member State law or for the establishment, exercise or defence of a legal claim, (d) prevent or restrict processing of your personal data, except to the extent processing is required for the establishment, exercise or defence of legal claims; and (e) request transfer of your personal data directly to a third party where this is technically feasible.
15.3 If you would like to exercise any of these rights, please email us at dpo@Gitential.com.
15.5 For personal data from the European Union or the EAA:
15.5.2 We will not transfer personal data originating from the EEA to third parties located outside of the EU without ensuring adequate protection under European law.
15.5.3 Where transfer is to a third party is located in a country not recognized by the EU Commission as ensuring an adequate level of protection, we will take appropriate steps to refrain from such transfer unless such transfer meets any exceptions set forth in the GDPR (such as EU/US Privacy Shield).
16. Changes to this policy
As every high-quality service, our service is constantly improved in effort to keep users satisfied, but these improvements necessarily mean changes. Due to the ongoing changes in the law and the changing nature of technology, data practices are changing from time to time. Thus, we reserve the right to alter or modify this policy when it is necessary.
We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of our website or our services constitutes your agreement to be bound by such changes to this policy. Your only remedy, if you do not accept the terms of this policy, is to discontinue use of our website and services.
17. Third party controllers
Our webpage or services may, from time to time, contain links to and from the websites or services of third parties. This policy does not extend to these external sites or companies, so please refer directly to their privacy policies.
Any further question?
If you have any questions, please contact us at firstname.lastname@example.org.
We have also appointed a data protection officer, whom you can reach at email@example.com. We speak English.
As Gitential.com Inc. is located outside of the EU, we appointed our EU affiliate to represent us in relation to any GDPR-related issues. This does not change the fact that GITENTIAL.COM INC. is the controller who ultimately handles your data. If you wish, you can also contact them through dpo@Gitential.com .
April 10, 2020