Privacy Policy
EVERFOX PRIVACY POLICY
Last Updated: January 2024
Everfox Holdings LLC and its affiliates(1) ("Everfox", "we", "us", or "our"), a company devoted to protecting against cybersecurity threats, views personal data protection, i.e., privacy, as a fundamental responsibility. This Privacy Policy (the Policy) explains how we fulfill this responsibility through the application of privacy principles set forth in laws such as the European Union’s General Data Protection Regulation (GDPR) (EU) 2016/679, the California Consumer Privacy Act (CCPA), and compliance with other privacy laws to the extent applicable.
Our efforts are guided by Privacy by Design principles set forth in the GDPR. Privacy by Design refers to having privacy as an objective when developing personal data collection and processing measures. While not an exhaustive list, some examples of situations in which we apply Privacy by Design include when (i) we develop the features of our products and services; (ii) we specify the business purposes for which we collect personal data when you use www.everfox.com (opens a new window) and any of its sub-domains, (iii) you conduct business with Everfox or use Everfox products; (iv) we deploy any information systems that will be processing personal data, (v) we design and employ security measures to protect personal data in the systems our customers use; and (vi) we dispose of personal data that is no longer required to satisfy business or legal objectives.
This Policy was last updated at the date indicated above. We may change this Policy from time to time so please check back regularly to keep informed of updates.
Everfox collects personal data in furtherance of our business activities, as described below. Everfox typically collects such data directly, but may work through third parties. When Everfox collects personal data directly or through a third party, Everfox is a data controller as defined and with the responsibilities provided in the GDPR.
Everfox is a processor of personal data that has been collected from its customers’ use of Everfox products and services. Under these circumstances, the customer is the data controller as defined and with the responsibilities provided in the GDPR. Everfox’s processing of personal data collected through the use of its products and services is done in accordance with Everfox’s Data Processing and Protection Measures (DPPM)(2).
Everfox has a separate privacy policy that governs how it collects, uses and manages personal data regarding Everfox employees. A link to our employee privacy policy can be found on the Everfox intranet.
1. PRIVACY SHIELD PARTICIPATION
In previous versions of this Policy, we proudly highlighted Everfox’s participation in the EU/US Privacy Shield Framework (Privacy Shield). Participation in Privacy Shield is only approved for companies that verifiably implement Privacy Shield’s privacy principles and enforcement procedures. Privacy Shield participants could rely on participation as a GDPR compliant means to transfer personal data from the EU to the US.
The European Court of Justice (ECJ) invalidated Privacy Shield as a GDPR compliant method to transfer personal data from the EU to the US (see Schrems II Judgment). At the same time, the ECJ affirmed that adoption of and adherence to the EU’s Standard Contractual Clauses (SCC) (with supplementary measures where appropriate) does meet GDPR requirements for lawful cross border transfers of EU personal data data to the US and any other country that has not received an Adequacy Decision in accordance with GDPR.
Everfox’s DPPM, which are incorporated by reference into Everfox’s standard terms and conditions, provide that we apply the SCCs whenever we have occasion to transfer EU personal data to a country that has not received an Adequacy Decision. Since the US has not received an Adequacy Decision, Everfox manages EU personal data transfers to the US in compliance with the SCCs. (Note: The applicable version of the SCCs are attached to our DPPM.)
Even though the US continues to operate Privacy Shield, Everfox decided to transition to withdraw from Privacy Shield. There is no benefit to maintaining an active status when Privacy Shield is no longer a GDPR compliant means to transfer EU person data to the US.
Our decision to withdraw from Privacy Shield should in no way be construed to mean we will not continue to abide by the program’s principles. We remain committed to compliance with lawful privacy principles and this commitment is reflected in our compliance with SCCs when processing EU data subjects’ data.
2. PERSONAL DATA WE COLLECT AND/OR PROCESS
General: We receive and store information, including information that can be used to identify you (Personal Data), entered on the Everfox Website (the Website), or received when, for example you make inquiries about the Website or about Everfox partners, products, or services. Except to the limited extent that may be necessary in the context of online job applications, we neither request nor collect Special Category Data.
Information that we collect when you use the website
When you use the Website, we automatically collect:
- Navigation and click-stream data
- HTTP protocol elements
- Search terms
We also collect information automatically through the use of cookies and web analytics. Cookies are small text files that websites store on visitors' computer hard drives or mobile devices to collect analytics that are used to enhance and manage users' experiences on the Website. Please see our Cookie Policy available at https://www.Everfox.com/cookie-policy for more detailed information about what cookies and web analytics are used on the Website, why they are used, and how you can control your cookie use.
If you browse the Website without registering with us or creating an online account, we do not collect your Personal Data; however, you will not be able to access resources, such as reports, papers, or technical alerts or join technical forums.
Registering/creating an online account enables you to access Website resources. We collect registrants'/account holders' Personal Data, such as first and last name; telephone number; email address; job function and/or title; organization name, size and location; and whether the registrant/account holder is acting on a current customer's behalf.
Personal Data we collect when we obtain online feedback from you: We collect your name, online contact information, organization's name, physical contact information, and any other Personal Data that you share when providing online feedback.
Personal Data we collect when you do business with Everfox: We may collect and process customer, vendor, or business partner (Partner) Personal Data for Partners that conduct business with Everfox for themselves or on behalf of a customer, vendor, supplier, consultant, professional adviser or other third party. Partner Personal Data may be collected by Everfox whether or not such natural person is also a Website user. Examples of Partner Personal Data include:
- Points' of contact connection or communication details;
- Business job title, responsibilities, department and organization;
- Financial information if needed to take payment or fulfill contractual obligations or for related purposes;
- Information necessary to evaluate Everfox's and business partners' or vendors' performance; and
- If you also hold an online Everfox account, we add any purchase information we collect, including details of the purchase and your business address, to your online account information.
Personal Data you provide about another person: We rely on our Partners to bring this Policy to the attention of any individuals whose Personal Data the Partners share with us. If anyone provides us information about another person, we may require the submitter to verify the data subject has consented to the sharing of their Personal Data with Everfox for the processing purposes, as set out in this Policy.
Personal Data that we collect when you apply online form employment: You may submit Personal Data through our Website to be considered for Everfox employment. Such data includes your name, your address, your phone number, your email address, job preferences, experience, desired salary, relocation preferences, work authorization, security clearance, education, job skills and other information contained on your resume or curriculum vitae. Everfox uses such data solely for consideration of your candidacy for employment, to communicate with you and to generate related correspondence, including offer letters and employment agreements. Such data may also be used, subject to applicable local laws, to conduct necessary background checks for compliance and other employment related purposes. Finally, Everfox retains such data as legally permitted, such as when necessary to address your employment interest or otherwise process your application. Your submission of such data constitutes your consent to its processing, as described above, including in the United States.
Personal Data received from the use of certain Everfox products:
Everfox products enable customers to monitor their networks to protect against cyber threats. "On-Premise" product deployments process data in customer managed networks, in accordance with customers' configurations. Everfox does not typically access customers' end users' Personal Data (End User Personal Data) for "On-Premise" deployments.
Everfox may have access to End Use Personal Data when customers use Everfox products or services via a cloud infrastructure (Cloud Services). In all such cases, the Personal Data is processed in accordance with the customer's configurations and directions. Some examples of the type of End User Personal Data processed through customers’ use of the Cloud Services includes:
- Subscriber ID information: ID of the customer sending or receiving files; User or Visitor ID that identifies the IP of the client visiting a file; and network users’ name, email address, company name, and country.
- Communication information: email metadata, including email addresses of sender and recipient, sender email in SMTP transaction and email subject.
- Traffic data: proxy log, web traffic logs, apache browsing logs, browsing and diagnostic logs, IP addresses, URL information, website session data and files submitted by users of Everfox products.
- Such other data collected through customer configured policies in the Everfox products supporting the customers’ cybersecurity program.
In Section 4 below, we explain how End User Personal Data is processed in accordance with our customers’ decisions regarding what is necessary to protect monitored network users’ security and the customer’s other legitimate interests. Any Everfox use of End User Personal Data is in furtherance of the customers’ specified legitimate interest and ensuring the products or services work effectively.
Personal Data we obtain from other sources: We also may periodically obtain both Personal Data and non-Personal Data about you from Everfox subsidiaries, Partners and other third-parties to facilitate the legitimate interests of administering such business relationships. We may add Personal Data and other information we obtain from these sources to Personal Data and other information we may already hold, such as updated business address information; purchase history; demographic information; and Partner credit information (for more information see Section 4 below).
3. How we use your personal data
Personal data: We use or may use Personal Data in line with the requirements of data protection laws and the “legitimate interests” we determine necessitate the collection. Such purposes include:
- Creating and administering records about online accounts, including organizations’ purchase history;
- To provide requested information, access to resources or other products or services;
- To send customer service-related communications, including in relation to administering organizations' online accounts and providing online services;
- To provide technical product support and enhance product technical support services;
- To address any communications sent to Everfox;
- To provide product upgrade/enhancement alerts and announce new products or services, including by email, in accordance with your communication preferences. Please see the 'Your Rights: Accessing and Changing Your Personal Data' section below for information about how you can control these updates;
- To request feedback and improve our Website, products and services, as appropriate;
- To assess financial, credit or insurance risks arising from any existing or prospective business relationship with a Partner;
- To complete and support the current activity, Website and system administration, and to improve the navigation and Website content;
- To analyze Website users’ activities and decision making, for customers who opt in to sharing such data with us;
Website usage: We use tools to measure Website visitor performance, click data, engagements with content on the Website, pathing, form completions, etc. We also aggregate such data without Personal Data and use it to analyze user behavior and make decisions about how to improve user experiences.
Marketing: In accordance with your communication preferences, we may use mail, telephone, fax, email or other contact means to offer goods or services, announce promotions or provide other information. Where required by applicable law, prior approval will be obtained before sending direct marketing. Consent may be withdrawn at any time by changing communications preferences. Please submit your communications preferences to communications@Everfox.
Everfox does not sell Personal Data to third parties. To be clear, our use of the word “sell” is intended to encompass sales, leases, rentals, or sharing for anything of value.
Anonymous and Non-Personal Data: We may generate, use and disclose anonymous and non-Personal Data from the Website for marketing and strategic purposes. Similarly, we may generate aggregated usage and statistical information related to Customers’ and end-users’ use of the products in order to facilitate analysis and comparisons.
End User Personal Data: As notes in Section 3 above, Everfox's customers monitor use of their networks to protect against cyber threats. Under applicable data protection laws, customers are the "Data Controller" and Everfox is the "Data Processor" regarding End User Personal Data passing through the networks monitored with Everfox products,
As Data Controllers of the End User Personal Data, our customers retain full responsibility for ensuring the End User Personal Data collected by their use of Everfox products is handled in accordance with applicable privacy laws and regulations.
In its role as the Data Processor, Everfox will process the End User Personal Data as required to perform the service including to manage and administer Everfox’s customers’ services such as providing technical support, tailoring network monitoring policies, and developing product improvements. Everfox complies with the laws applicable to Data Processor activities. We meet our obligations in this regard by ensuring our customer contracts (which incorporate the DPPM) (i) define each party’s respective obligations under applicable privacy legislation and (ii) require our customers to comply with relevant privacy legislation.