Terms Of BitWay Data Backup Service

Privacy & SLA

BitWay's software and servers use AES encryption, and your data is encrypted on your machine before it is transmitted to BitWay. Data is encrypted at all times while stored by BitWay.

Users selecting BitWay UltraSafe must retain their account name and password in a secure location such as a safe deposit box. Accounts created using UltraSafe cannot be accessed by BitWay and if a user loses his password, the data cannot be accessed.

The BitWay EULA follows a simple and direct privacy policy. BitWay does not share account information with anyone except as required by law. (BitWay cannot access data stored with UltraSafe even under a Court order; the data is encrypted and the correct password must be supplied to access the data.) Billing data is maintained securely by BitWay's billing partner.

Additionally, BitWay maintains deleted files until specifically removed by the user. BitWay also maintains all versions of the file that a user sends to the BitWay.

BitWay provides a 99.9% data access service level agreement (SLA).
BitWay only uses Tier III and Tier IV rated datacenters across the global data grid, and all datacenters are SAS 70 Type II and SSAE 16 audited.

BitWay provides an additional level of assurance that is not otherwise available from other backup services. All data is replicated in two datacenters, eliminating datacenters as a single point of failure. Competitors' SLAs are premised on the performance of a single datacenter.

Data Privacy Policy

BitWay provides secure, off-site backup and local backup software.

BitWay respects the individual privacy of its customers. In all cases BitWay treats personal information in a manner consistent with the laws of the countries in which BitWay does business, but it also aims to uphold the highest applicable ethical standards in all its business activities.

Since November, 2010, BitWay follows the privacy principles in this Privacy Policy with respect to the protection and transfers of personal information, whether it is in electronic, paper or verbal format. This statement applies to all personal information BitWay processes (except as noted below), including on-line, off-line, and manually processed data. Any employee whom BitWay determines is in violation of this Privacy Policy will be subject to disciplinary process, up to and including termination.

Definitions

The following definitions apply to all statements throughout this Privacy Policy. "Personal information" means any information or set of information that is collected for online backup service, is recorded in any form, pertains to or is about any individual, and can be linked to or used to identify that individual. Personal information does not include information that is encoded, anonymized, or publicly available information that has not been combined with non-public personal information. Personal information does not include information that pertains to or is about a specific individual, but from which that individual could not reasonably be identified.

"Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. For purposes of this Privacy Policy, BitWay will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

The Privacy Principles

BitWay’s operations and processing of personal information conform to the following Privacy Principles as stated below under the heading of each principle.

Notice and Change

BitWay reserves the right to process personal information in the course of providing professional services to BitWay’s clients and customers without the knowledge of individuals involved. If and when BitWay collects personal information directly from individuals in Ontario, Canada, BitWay will inform them about the types of personal information it collects from them, the purposes for which BitWay collects and uses it, and the types of non-agent third parties to which BitWay discloses that information. BitWay will also inform those individuals about the choices and means, if any, that BitWay offers to limit the use or disclosure of their information.

Disclosures and Transfers

BitWay will not disclose an individual's personal information to third parties, except when one or more of the following conditions is true:

a) BitWay has the individual's permission to make the disclosure;

b) The disclosure is required by law or professional standards;

c) The disclosure is reasonably related to the sale or disposition of all or part of BitWay’s business;

d) The information in question is publicly available;

e) The disclosure is reasonably necessary for the establishment or defence of legal claims; or

f) The disclosure is to another BitWay entity or to persons or entities providing services on BitWay’s or the individual's behalf (each a "transferee"), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question:

1. Is subject to law providing an adequate level of privacy protection;
2. Has agreed in writing to provide an adequate level of privacy protection.

Permitted transfers of information, whether to third parties or within BitWay, include the transfer of data from one jurisdiction to another, including transfers to and from Canada. Because privacy laws vary from one jurisdiction to another, personal information may be transferred to a jurisdiction where the laws provide less or different protection than the jurisdiction in which the information originated.

Data Security

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use and confidentiality of information, either for its own purposes or on behalf of its clients, customers and business partners, BitWay has put in place and rigorously enforces appropriate physical, electronic, and managerial procedures to safeguard and secure the information that BitWay processes. However, BitWay cannot guarantee the security of information on or transmitted via the Internet.

Data Integrity

BitWay processes personal information only in ways compatible with the purpose for which it was collected or subsequently authorized by the individual. To the extent necessary for such purposes, BitWay takes reasonable steps to make sure that personal information is accurate, complete, current, and otherwise reliable for its intended use.

Access and Correction

If an individual becomes aware that information BitWay maintains about that individual is inaccurate, or if an individual would like to update or review that individual’s information, the individual may contact BitWay using the contact information below. In every case, BitWay will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate. The individual seeking to amend such information will need to provide sufficient identifying information, such as name, address, birth date, and social security number. BitWay may request additional identifying information as a security precaution. In addition, BitWay may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances. In some circumstances, BitWay may charge a reasonable fee, where warranted, for access to personal information.

Enforcement and Dispute Resolution

BitWay utilizes the self-assessment approach to assure its compliance with this Privacy Policy. BitWay periodically verifies that this Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, and completely implemented. BitWay encourages interested persons to raise any concerns about its implementation of this Privacy Policy using the contact information below. BitWay will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Policy.

Any claim arising out of any breach thereof, that cannot be resolved through BitWay’s internal processes, will be settled by Toronto arbitration lawyers. Any arbitrator will be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel should apply Canadian law. In addition, the exclusive location for such arbitration will be Toronto, Ontario, Canada. All decisions of the arbitration panel will be final and binding on the parties, which waive any right to appeal the arbitration award further, to the extent an appeal may be lawfully waived.

Changes

BitWay may change this Privacy Policy from time to time for better and reasonable privacy protection. BitWay will post any revised privacy policy in its work places, train its employees about such changes and how to comply with them, and will publish any amended privacy policy on this Web site or a similar Web site that replaces this Web site.

Information Subject to other Policies or Standards

BitWay is committed to protecting privacy as possible as it can, however, is subject to policies of BitWay that may differ in some respects from the provisions of this Privacy Policy. Information subject to such additional policies includes information obtained from or relating to a client, customer or business partner or former client, customer or business partner that is subject to the terms of any privacy notice to or agreement with such client, customer or business partner, any engagement letter or letters with such client, customer or business partner, and applicable laws and professional standards.

Contact Information

Questions or comments regarding this Privacy Policy should be submitted to BitWay by mail or e-mail as follows:

President
BitWay
1120 Finch Avenue West, Suite 701-40
Toronto, Ontario M3J 3H7
Canada
or