Privacy Policy Overview
When you use our services, you are trusting us with your information. We value this responsibility and work hard to protect your information.
Tape Ark® is committed to managing Personal Information in accordance with applicable privacy and data protection laws. Depending on the circumstances, these may include the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), the General Data Protection Regulation (EU GDPR), the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 (UK), and applicable U.S. federal privacy and data security laws, where applicable.
This Privacy Policy explains how Tape Ark collects, holds, uses, and discloses Personal Information through our websites (“Sites”), business operations, recruitment activities, and services. It also explains how individuals may exercise applicable privacy rights or make a complaint.
“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, and includes “personal data” and “personal information” where those terms are used under applicable law. The kinds of Personal Information we may collect and hold include:
- identification and contact details, such as name, business contact details, postal address, telephone number and email address;
- business and professional information, such as employer, role, qualifications, work history and business relationships;
- account, inquiry and communication information, including login details, correspondence, support requests and preferences;
- recruitment and employment information, including application materials, employment history, qualifications and right-to-work or identity information where required;
- billing, payment and transaction information, such as bank account or invoicing details where required to receive or make payment;
- technical and usage information, such as IP address, browser and device information, referral source, pages viewed and interactions with our Sites;
- marketing preferences and information about engagement with our communications and campaigns;
- security, access and verification information where reasonably required for site access, onboarding, fraud prevention, legal compliance or the protection of our systems; and
- other Personal Information that an individual chooses to provide to us.
We will only collect sensitive or special category information where it is reasonably necessary for our activities, permitted by law and supported by any required consent or other lawful basis. If requested information is necessary to provide a service, enter into a contract, comply with law or consider an application, failure to provide it may affect our ability to proceed.
How we collect Personal Information
Tape Ark may collect Personal Information directly from an individual when they contact us, request information or services, enter into or administer a contract, use our Sites or services, subscribe to communications, attend an event, apply for employment, work with us, or provide goods or services to us.
We may collect technical and usage information automatically through server logs, cookies and similar technologies when an individual uses our Sites or interacts with our electronic communications.
We may also collect Personal Information from third parties, such as customers, business partners, referrers, cloud marketplaces, recruitment providers, service providers, publicly available sources and professional or social networking platforms, where permitted by law.
Personal Information may be held electronically in our systems and in systems operated by service providers and, where necessary, in physical records. We use the security measures described below to protect it.
If an individual provides us with Personal Information about another person, they should ensure they are authorized to do so and that the other person has been informed of the relevant matters in this Privacy Policy.
Where our Sites use social media integrations, account linking tools, or advertising technologies, the relevant provider may collect or disclose information in accordance with its own privacy policy and the permissions selected by the individual.
Customer data processed in providing services
In providing tape migration, restoration, audit, software and related services, Tape Ark may process Personal Information contained in data supplied or controlled by a customer. Customer-controlled media may contain Personal Information, but Tape Ark does not seek to collect or use that information for its own independent purposes. Where Tape Ark acts as a processor, service provider or contractor on behalf of a customer, we process that information in accordance with the customer’s documented instructions, the applicable contract and law, and do not use it for our own independent purposes except as permitted by that contract or law.
The relevant customer is generally responsible for determining why and how that customer data is processed and for providing any required privacy notices. Requests concerning Personal Information contained in customer-controlled data should ordinarily be directed to the customer. Tape Ark will assist the customer as required by contract and applicable law, and limit any access, use, or disclosure to what is necessary to provide the contracted services, maintain security, comply with law, or follow those instructions.
Why we collect, hold, use and disclose Personal Information
We collect, hold, use, and disclose Personal Information where reasonably necessary for our functions and activities, including to:
- respond to inquiries, provide information and support, and manage our relationship with individuals and organizations;
- evaluate, enter into, perform and administer contracts and provide our services;
- manage accounts, invoicing, payments, suppliers and business records;
- operate, maintain, secure, monitor, troubleshoot and improve our Sites, systems, software and services;
- conduct analytics, quality assurance, audits, research and service development using Personal Information where necessary and aggregated or de-identified information where practicable;
- consider employment applications and administer employment, contractor and workplace relationships;
- send administrative, service and security communications;
- send marketing communications and measure campaign effectiveness, subject to applicable consent and opt-out requirements;
- prevent, detect and investigate fraud, misuse, security incidents and unlawful activity;
- manage legal, regulatory, insurance, governance, risk and compliance obligations, including responding to lawful requests and exercising or defending legal claims;
- facilitate a proposed or completed corporate transaction, subject to appropriate confidentiality and legal protections; and
- carry out other purposes notified at the time of collection or otherwise authorized or required by law.
Where the EU GDPR or UK GDPR applies, our lawful bases may include performance of a contract or taking steps at an individual’s request before entering a contract, compliance with legal obligations, our legitimate interests or those of a third party, consent, and other lawful bases available under applicable law. Where we rely on legitimate interests, we consider whether those interests are overridden by the individual’s rights and interests.
Who we disclose Personal Information to
We may disclose Personal Information, where reasonably necessary for the purposes described in this Privacy Policy, to:
- Tape Ark affiliates and personnel who need the information to perform their functions;
- customers, suppliers, business partners and referrers where necessary to administer the relevant relationship or service;
- service providers that support hosting, cloud infrastructure, information technology, cybersecurity, communications, analytics, marketing, recruitment, payroll, benefits, payment processing, records management and other business functions;
- professional advisors, auditors, certification bodies, insurers, financiers and consultants;
- government bodies, regulators, courts, law enforcement agencies and other recipients where disclosure is authorized or required by law;
- parties involved in an actual or proposed merger, acquisition, financing, restructuring, sale of assets or similar transaction, subject to appropriate protections; and
- other recipients with the individual’s consent or as otherwise notified at the time of collection.
We take reasonable steps to engage service providers that handle Personal Information consistently with applicable contractual and legal requirements. Some recipients may act as independent controllers and apply their own privacy policies.
Other uses and disclosures
The purposes and recipient categories above include disclosures required or authorized by law, disclosures reasonably necessary to protect rights, safety, security or property, and disclosures made in connection with legal claims or corporate transactions. We will not use or disclose Personal Information for a materially different purpose without providing any notice or obtaining any consent required by applicable law.
Website and technical information
When an individual uses our Sites or electronic communications, we may collect information such as IP address, browser type, device and operating system information, referring pages, pages visited, date and time, approximate location derived from IP address, and interactions with our content. We use this information to operate and secure our Sites, understand usage, diagnose problems, improve performance and measure communications and campaigns.
Information that has been aggregated or de-identified so that it no longer identifies an individual may be used for analytics, reporting, research and service improvement. If we combine technical or de-identified information with Personal Information so that an individual becomes identifiable, we treat the combined information as Personal Information.
Technical information may be used and disclosed for the purposes described in this Privacy Policy. Where it identifies or can reasonably identify an individual, or is combined with other information that does so, we treat it as Personal Information.
Cookies
Cookies and similar technologies are small files or identifiers used to enable website functions, remember preferences, understand usage and, where applicable, measure or tailor advertising. The cookies deployed on a Site may change over time and may include essential, preference, analytics and advertising cookies.
Cookies we use
- Essential Cookies: These are necessary for security, navigation and core Site functions.
- Preference Cookies: These cookies remember choices such as language or other settings.
- Analytics Cookies: These help us understand how the Sites are used and improve their performance.
- Advertising Cookies: These cookies may be used to measure campaigns or present advertising that is more relevant, subject to applicable consent and opt-out requirements.
Managing cookies
Individuals can manage cookies through available cookie settings and browser controls. Blocking some cookies may affect Site functionality. Where applicable law requires consent for non-essential cookies, we will seek that consent before using them.
Google Analytics
We may use Google Analytics or similar analytics services to collect and analyze information about Site usage and trends. These providers may process information in accordance with their own privacy terms. Individuals may be able to manage analytics cookies through our cookie settings, their browser settings or provider-specific opt-out tools.
IP addresses and technical logs
Our servers and service providers may log IP addresses and related technical information when an individual accesses our Sites or systems. We use this information for security, access management, troubleshooting, analytics and administration, and may derive an approximate location from an IP address.
Advertising and campaign measurement
We may use third-party advertising and marketing platforms to promote Tape Ark, measure campaign performance and understand engagement. Those providers may use cookies or similar technologies on our Sites or other services. Where required, we will obtain consent and provide available opt-out choices.
Targeted marketing
We may use information about interactions with our Sites and communications to tailor marketing or advertising to business audiences. The technologies used may vary by Site and will be reflected in applicable cookie controls or notices.
Third-party services
Our Sites may contain links to third-party websites, services or platforms. This Privacy Policy does not govern those third parties, and Tape Ark is not responsible for their privacy or security practices. Individuals should review the privacy information provided by the relevant third party before providing Personal Information.
Security
We use reasonable technical and organizational measures designed to protect Personal Information against loss, misuse, interference, unauthorized access, modification, and disclosure. Measures may include access controls, personnel training, incident management, supplier controls, monitoring, and encryption where appropriate to the circumstances.
No method of transmission or storage is completely secure. If an individual believes their interaction with Tape Ark is no longer secure, they should contact privacy@tapeark.com promptly.
Marketing communications
Individuals may unsubscribe from marketing emails using the unsubscribe link in the communication or by contacting us. We may continue to send service, security, legal or other non-marketing communications where appropriate.
Your privacy rights and how to exercise them
Depending on the law that applies, an individual may have rights to request access to Personal Information, correction of inaccurate or incomplete information, deletion or erasure, restriction of processing, data portability, objection to particular processing, withdrawal of consent, and opt-out from direct marketing. An individual may also have the right to complain to a privacy or data protection regulator.
Where the EU GDPR or UK GDPR applies, an individual may object to processing based on legitimate interests and may object at any time to processing for direct marketing.
These rights are not absolute and may be subject to legal exceptions. We may need to verify identity and clarify the scope of a request before responding. To exercise a right, contact privacy@tapeark.com. We will respond within the timeframe required by applicable law and explain any lawful basis for refusing or limiting a request.
Your privacy rights and how to exercise them
This section applies to the extent a U.S. federal or state privacy law applies to Tape Ark and to the individual. Residents of certain U.S. states may have additional rights regarding their Personal Information.
- confirm whether we process their Personal Information and request access to it;
- correct inaccurate Personal Information;
- request deletion of Personal Information, subject to applicable exceptions;
- obtain a portable copy of Personal Information where required by law;
- opt out of the sale of Personal Information, sharing for cross-context behavioral advertising, targeted advertising, or certain profiling;
- limit certain uses or disclosures of sensitive Personal Information, or withdraw consent where consent is required;
- appeal a decision we make regarding a privacy request; and
- exercise privacy rights without unlawful discrimination or retaliation.
To submit a U.S. privacy request, email privacy@tapeark.com, use the contact form on our Sites. We may verify the requester’s identity and, where permitted or required, accept requests from an authorized agent. If we deny a request, we will explain the reason and any available appeal process. An appeal may be submitted to the same address with “Privacy Appeal” in the subject line.
Tape Ark does not sell Personal Information for monetary consideration. However, certain disclosures to analytics or advertising providers may be treated as a “sale,” “sharing” for cross-context behavioral advertising, or targeted advertising under some U.S. state laws. Where applicable, individuals may opt out using available cookie or privacy controls, by contacting us, or through a legally recognized browser-based opt-out preference signal, such as Global Privacy Control. We will honor such signals where required by applicable law.
To the extent the California Consumer Privacy Act, as amended, applies, California residents may also have rights to know the categories and specific pieces of Personal Information collected, correct or delete Personal Information, opt out of sale or sharing, and limit certain uses or disclosures of sensitive Personal Information. The categories of Personal Information, sources, business purposes, and categories of recipients are described in this Privacy Policy.
We process sensitive Personal Information only where reasonably necessary for the disclosed purposes and will obtain consent before processing sensitive data where applicable law requires it.
Retention
We retain Personal Information only for as long as reasonably necessary for the purposes for which it was collected, including to provide services, administer contracts and employment relationships, meet legal, tax, accounting, audit and regulatory requirements, resolve disputes, enforce agreements and manage security or fraud risks.
Retention periods depend on factors including the nature and sensitivity of the information, the purposes of processing, contractual requirements, legal limitation periods, applicable laws and the risk of harm from unauthorized use or disclosure. When Personal Information is no longer required, we take reasonable steps to delete, destroy or de-identify it, subject to lawful archival, backup and recordkeeping requirements.
Use of site by minors
Our Sites are not directed to individuals under 18, and we do not knowingly collect Personal Information from minors through the Sites. Where applicable law sets a different age threshold or requires parental or guardian consent, we will comply with those requirements.
If we become aware that a minor has provided Personal Information without appropriate authorization, we will take reasonable steps to delete it unless retention is required or permitted by law. A parent or guardian may contact privacy@tapeark.com with any concerns.
Jurisdiction and cross-border transfer
Personal Information may be stored, disclosed to, or processed by Tape Ark affiliates and service providers located outside the individual’s country of residence. Likely locations include Australia, the United States, and the United Kingdom, as well as other countries in which relevant service providers operate.
Where required by applicable law, we use appropriate safeguards for cross-border transfers, which may include adequacy decisions, approved contractual protections, transfer risk assessments, and other lawful transfer mechanisms. The safeguards used will depend on the countries, parties, and processing involved.
Individuals may contact us for further information about safeguards applicable to a particular transfer.
Updates to this Privacy Statement
We may update this Privacy Policy periodically. If we do, we will post the revised policy on our Sites and update the effective date. If a change is material, we will provide additional notice where required by law.
Data breach notification and response
We take the security of Personal Information seriously and maintain procedures to identify, assess, contain and respond to suspected or actual data breaches.
Where Australia’s Notifiable Data Breaches scheme applies, we will notify the Office of the Australian Information Commissioner and affected individuals if an eligible data breach is likely to result in serious harm and remedial action has not prevented that risk. We will assess suspected eligible data breaches within the period required by law and provide any required notification as soon as practicable. We will also comply with other applicable breach-notification requirements.
If you suspect unauthorized access to Personal Information involving Tape Ark, please contact privacy@tapeark.com.
Complaints and contact us
Questions, requests and complaints about this Privacy Policy or our handling of Personal Information should be directed to our Privacy Officer at privacy@tapeark.com.
