Matthew Castellana (doing business as “UltraStorm”) operates several websites and services including Immersive-Lighting.com and related subdomains. It is UltraStorm's policy to respect your privacy regarding any information we may collect while operating our services.
1. The GDPR and UltraStorm
1.1. On privacy, the GDPR and why it is important
To offer greater privacy and control of data for individuals who use or are stored within our services, we will apply the GDPR to all individuals who are stored within or use our services, whether inside or outside of the EU.
We believe in the GDPR and in increased privacy for everyone.
1.2. General Data Protection Regulation (GDPR)
In 2016, the European Commission approved and adopted the new General Data Protection Regulation (GDPR). GDPR is a significant change in data protection regulation in the EU and replaces the existing legal framework (the Data Protection Directive and the various member state laws).
The GDPR is a comprehensive set of regulations that dictates what companies like UltraStorm must do in order to properly protect our customers' data. Even though we are not a European company, we have many customers in the EU and we fully comply with these regulations. This document explains in simple terms what we're doing in order to ensure compliance.
Note: The full GDPR regulations are extremely long and complicated. This isn't meant to be a comprehensive list of every single thing we do to protect your data, but rather it's a simple summary so that you can have a good idea of the protections we have in place. Please feel free to reach out to us if you have questions about specific items that aren't addressed here.
1.3. How GDPR applies to UltraStorm
GDPR defines three parties, which we will reference throughout this document:
Data Subject - This is the person about whom data is being stored and used. Any user that you store within our systems (i.e. your customer) is a data subject. You are also a data subject, because you have an account with UltraStorm (i.e. you're our customer).
Data Controller - This is the person or company that is using the data that's being stored. You (our customer, and a user of UltraStorm) are a data controller. We are also a data controller, concerning your personal data, because you have an account with UltraStorm.
Data Processor - These are companies that create tools to actually store and take advantage of the data. We (UltraStorm) are not a data processor.
The data Controller and Processor both have different responsibilities to ensure that we are acting legally and ethically. This document explains what we do to comply with GDPR as a Processor, and how we use the data we collect, but you should keep in mind that you also have responsibilities to the people whose information you store using Immersive-Lighting.com.
1.4. Technical security
Our customers entrust us with very important data for their businesses. Keeping your data secure and private is of the utmost importance, and so we are careful to follow industry best practices. A lot goes into online security, but here are some of the main things we do that might interest you:
Our servers and user data are hosted directly on WIX and we rely upon their services to keep things secure. For more information on how WIX keeps your data secure, please visit https://www.wix.com/about/privacy for more information. Licensing keys and user data are hosted on keygen.sh (see https://keygen.sh/privacy/ for more information).
If you have questions or concerns, reach out to us at firstname.lastname@example.org.
1.5. Data Transfer
UltraStorm complies with certain legal frameworks relating to the transfer of data from the European Economic Area, the United Kingdom, and Switzerland (collectively, EU) to the United States. When UltraStorm engages in such transfers, UltraStorm relies on Standard Contractual Clauses as the legal mechanism to help ensure your rights and protections travel with your personal information. In addition, UltraStorm is certified to the EU-US and Swiss-US Privacy Shield Frameworks. To learn more about the European Commission’s decisions on international data transfer, see this article on the European Commission website.
1.6. Data Processing Addendum
GDPR requires that we have a contract, called a Data Processing Addendum (DPA), with our customers which specifies things like how we process data, that we will assist you in your GDPR obligations to your customers, etc. In our case, our Data Processing Addendum is our standard Terms of Service, which applies to all of our customers, including you.
To obtain a copy of our Data Processing Addendum, please reach out to email@example.com, or visit the page listed above.
1.6.1. Changes to our DPA; other DPAs
To ensure no inconsistent or additional terms are imposed on us beyond that reflected in our standard DPA and model clauses, we cannot agree to sign customers’ DPAs. As a small team we also can’t make individual changes to our DPA since we don't have a legal team on staff. Any changes to the standard DPA would require legal counsel and a lot of back-and-forth discussion that would be cost prohibitive for our team.
1.7. Data Processing Officer
We have appointed a Data Protection Officer. They may be contacted at firstname.lastname@example.org.
1.8. Data Breach Notification Plan
We work hard to keep our software secure so that there are no data breaches, but in the event that there is a data breach, we have a plan in place that fully complies with the requirements laid out by GDPR. You can read our full plan below, but the basic idea is that if we become aware of a data breach, we will notify any of our customers who may have been impacted, and provide them with the appropriate information so that they can also comply with their responsibilities as a Data Controller.
The specifics of our response to a data breach would of course depend on the details of the breach itself (the method of the breach, what data was compromised, etc.) but here is an outline of how we will approach the situation:
1.8.1. Identifying a breach
The first step in responding to a data breach is knowing that one has happened in the first place. We currently rely upon WIX and their backend service to handle these issues so that our customers data is kept safe. See https://www.wix.com/about/privacy for more information on how WIX keeps customer data safe.
If we ever identify a breach, or even notice something out of the ordinary that justifies investigation, we will take the following steps:
1.8.2. Assigning roles and responsibility
At any company, the best way to ensure that an issue is taken seriously is to make sure that it has the attention of top leadership. UltraStorm has one individual who will personally handle all security concerns. Matthew Castellana, the Founder and CEO, will be responsible for organizing the company-wide response, assigning roles, and ensuring that we do everything outlined in this document and more to handle the situation as thoroughly as possible.
Every member of the company knows that if there is ever a security concern, the issue should go directly to the CEO without any delay.
1.8.3. Investigate the type and scope of the breach
Breaches can happen in many different ways. They can be the result of a technical or social failing on our end. In many cases, the customer may have been tricked into giving their login information to the attacker, and it might not be the result of insecurity in the software at all.
In order to decide how to respond to a breach, we must first understand how the breach happened. We will seek to answer the following questions as quickly as possible:
What data was accessed?
What was (or might have been) done with the data? i.e. deleting data is different from exporting it outside our server.
How many users were impacted?
1.8.4. Address immediate threats
If we find that the breach is caused by a customer’s login information being compromised (e.g. two business partners are fighting over ownership of the business and one steals the other’s account login information) we will suspend the license key(s) for the account in question until we are confident that the rightful owner is the only one with access. In some cases, this can take several days or longer as there may be legal issues outside of our control that must be adjudicated first.
If we determine that the breach occurred due to a vulnerability on our end, we will work to fix whatever the vulnerability was as quickly as possible to prevent further damage. If a situation like this ever arises, every employee at UltraStorm who can be helpful will treat this as their top priority and set aside any other responsibilities until the problem is resolved.
1.8.5. Notify the appropriate parties of the breach
This step will depend heavily on the details of the breach. For example, in a situation where a specific user is phished, they will likely already know about the breach, and it wouldn’t impact any of our other customers. But if our entire database is compromised by a hacker, that would potentially impact all of our users (our customers, as well as your customers).
Our general guideline is that if there’s a reasonable possibility that the breach will have a negative impact on a customer, we will notify them quickly. "Quickly" can mean different things depending on how long it takes us to conclude our investigation, but when possible, our goal would be to send notifications no more than 72 hours after we become aware of the issue.
1.8.6. Your responsibilities
Note: If you or your customers are in the EU then you may be subject to the GDPR data breach notification rules. This basically means that if you are storing private information about a person in our systems and that data is breached, you may be responsible for notifying that person the same way we are responsible for notifying you (this is true with any service you use, not just us). If this happens, we will work with you to make sure that you have all the information possible so that you can comply with the GDPR.
1.9. Trusted third-party services we use
We may share data with the following third-parties, also known as sub-processors under GDPR, so that we can offer our services to you, and so that we know how to continue improving our services to remain valuable to you.
WIX for hosting, payment processing, security, logs
Keygen.sh for licensing keys, validation, logs and management
GoDaddy for domains and email
We have Data Processing Addendums with all of our sub-processors.
1.10. Information we collect on our customers (i.e. you)
If you have an Immersive Lighting account, we are the Controller of your personal information (PI). The data below is stored locally within our systems (unless noted otherwise), and may also be stored in a third-party service listed above. All logs are scrubbed of sensitive info (passwords, tokens, etc.) locally before being sent over the wire.
1.10.1. Personal information and unique identifiers
Unique user and account IDs
Unique keygen.sh customer, account IDs, license keys and information
Credit/debit card information (all data is stored securely on WIX)
Fingerprint of the device (this is an arbitrary string, which could include data such as HDD ID, MAC address, IP address, etc.)IP address of the device
Hostname of the device
Name of the device
Platform of the device
1.11. Data retention
All of the above data for both our customers and your customers could be included within our logs (e.g. within database query logs, request logs, etc.), backups, and within temporary storage which we keep for up to 30 days.
Before the maximum 30-day retention period, all archived logs, backups, and temporary storage are permanently deleted – this means that after a user has been "forgotten" i.e. erased upon request, the user will be completely erased from our systems within 30 days.
1.11.1. Automatic Licensing Provisioning
All of the above data for both our customers could be included when automatic licensing provisioning is added as a feature to the website. This would contain this data in the form of an encrypted JSON request being made upon purchasing or canceling a subscription which would update the user/license info accordingly.
1.12. Data subject rights
Our customers, the Data Subjects, are entitled through their Data Subject Rights (DSR) to access ("Right To Access"), export ("Right to Data Portability"), change, and permanently delete ("Right To Be Forgotten") all their data from our systems.
If we receive a request from one of your customers (a Data Subject) to access, change, export, or delete their data stored within our systems, we, the Processor, will forward the request to you, the Controller, without delay. You have the ability, via our APIs and your Account portal, to handle said data as requested by the Data Subject.
DSR requests can include personal data of other individuals, like your employees or customers that you have provided to us and who have requested this of you. We will respond to these requests within 14 days or less, which is well within the GDPR requirement of 30 days.
DSR requests may be sent to email@example.com.
1.13. Lawful basis for processing
GDPR requires that we establish that our data processing is legally justified. They give a variety of reasons it might be valid, and the following is the one that applies to us:
...processing is necessary for the purposes of the legitimate interests pursued by the controller…
Our interpretation of this is that you, as the Controller, have legitimate business interests in using our services and technologies to enhance your products, and we're assisting you in pursuing those interests. Keep in mind that this only applies so long as the Controller (you) respects the individual rights of the Data Subjects.
We only collect data that is necessary for the purposes of making our services valuable to you.
1.14. Your responsibilities
As explained above, you are a Data Controller as is UltraStorm. If you have license information in our systems, rest assured that we are GDPR compliant with regards to data processing (and as the Controller of your data), but you are still responsible for being compliant as a Controller of your users’ data.
If you're concerned that you aren't in compliance, we encourage you to research this topic in more detail, but a good starting point is to ensure that you honor the individual rights laid out in the GDPR regulations to your users if you are managing multiple seat licenses within your organization or team.
1.15. Revisiting GDPR compliance regularly
As part of our commitment to remaining GDPR compliant and respecting the privacy of our users, we will revisit this document at least once per year to ensure that all of the information is accurate and up-to-date. If you have questions or concerns, contact us at firstname.lastname@example.org.
2.1. Website visitors
Like most website operators, UltraStorm collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request.
Our purpose in collecting non-personally identifying information is to better understand how UltraStorm's visitors use its website and to better provide related content to its visitors. From time to time, UltraStorm may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
We also collect potentially personally-identifying information like Internet Protocol (IP) addresses for all API users, as well as for Account users (what information is collected is detailed in 1.10. and 1.11.). These logs are retained for up to 30 days (our data retention policy is detailed in 1.12.).
We do not keep logs for requests to our Marketing or Documentation sites, but IP address and other personally identifiable information may be collected from website visitors for one of our sub-processors (all of which are listed in 1.9.).
2.2. Aggregated statistics
UltraStorm may collect statistics about the behavior of visitors to its websites. UltraStorm may display this information publicly or provide it to others. However, UltraStorm does not disclose personally-identifying information other than as described below.
For example, you may not be able to log into your Immersive Lighting account’s portal without cookies enabled, for technical reasons.
2.3.1. Cookies we set
Other cookies may be set by our trusted third-parties listed above (our sub-processors). If you're inside of the EU, we employ an opt-in system for all third-party cookies. If you're outside of the EU, we employ an opt-out system. Regardless, you can adjust your preferences at any time by clicking here.
2.4. Disclosure of personal information
We do not sell, trade, or otherwise transfer your information to third-parties. This does not include sharing a limited subset of your information with trusted third-parties (our sub-processors, which are outlined in 1.9.), who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to process this information in accordance with their DPA.
Personal Information may be disclosed in limited circumstances, including, but not limited to meeting any applicable law, regulation, legal process, or enforceable governmental request; the investigation of potential violations; addressing fraud, security, or technical issues; to protect and defend the rights or property of UltraStorm; or in an emergency threatening an individual's life, health, or security. We reserve the right to disclose your personal information as required by law or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.
2.5. Third-party content
2.6. COPPA compliance
We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. The Act was passed by the U.S. Congress in 1998 and took effect in April 2000. COPPA is managed by the Federal Trade Commission (FTC). Our website, products and services are all directed to people who are at least 13 years old or older. If you are under 13 years old, you cannot use our services.
2.7. Business transfers
If UltraStorm, or substantially all of its assets were acquired, or in the unlikely event that UltraStorm goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of UltraStorm may continue to use your personal information as set forth in this policy.
2.9. Terms of Service
Please also visit our Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our services.
If there are any questions regarding this document, you may contact us at email@example.com.