Table of Contents

Last Updated: October 8, 2021

• A. This Policy
• B. Collection of Personal Data
• С. Creation of Personal Data
• D. Categories of Personal Data we may Process
• E. Lawful basis for Processing Personal Data
• F. Sensitive Personal Data
• G. Purposes for which we may Process your Personal Data
• H. Cookies and Disclosure of Personal Data to third parties
• I. International transfer of Personal Data
• J. Data security
• K. Data accuracy
• L. Data minimization
• M. Data retention
• N. Your legal rights
• O. Terms of Use
• P. Direct marketing
• Q. Contact details and EU Representative
• R. Definitions
• S. California Consumer Privacy Act Addendum

A. This Policy

This Policy is issued by Cloak Holdings, LLC on behalf of itself, its subsidiaries and its affiliates (including any entity lawfully trading under the Encrypt.Me brand) (together, “Company”, “we”, “us” and “our”) and is addressed to individuals outside our organization with whom we interact, including customers, visitors to our Sites, users of our Apps, and other users of our services (together, “you”). Defined terms used in this Policy are explained in Section (S) below.

For the purposes of this Policy, Company is the Controller. This Policy covers the information practices relating to Company websites for the Encrypt.me brand and Encrypt.me services (“Services”) offered now or in the future. Contact details are provided in Section ® below.

This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.

B. Collection of Personal Data

Collection of Personal Data: We may collect Personal Data about you from the following sources (see Section D for the categories of Personal Data collected):

• Data you provide: We may obtain your Personal Data when you provide it to us (e.g., when you fill out a form on our website, register to use our services or where you contact us via email, chat or telephone, or by any other means).
• App data: We may collect or obtain your Personal Data when you download or use any of our Apps.
• VPN Services and Site data: We may collect or obtain your Personal Data when you use our VPN Services or visit any of our Sites or use any features or resources available on or through a Site.
• Third party information: We may collect or obtain your Personal Data from third parties who provide it to us (e.g., from our partners or affiliates, etc.).

С. Creation of Personal Data

We may also create Personal Data about you, such as records of your interactions with us, and details of your purchase history for internal administration purposes and analysis.

D. Categories of Personal Data we may Process

We may Process the following categories of Personal Data about you:

• Registration details: name, company name, email address, billing address and credit card information that you provide when you subscribe for our services.If you cancel your subscription, we remove this information from our system. We do keep a historical record of credit card charges for accounting purposes. Your billing information is stored with Stripe; Encrypt.me never sees your credit card details directly. This is a good thing: Stripe is purpose-built to keep your credit card information secure. Stripe’s privacy policy can be found here: https://stripe.com/privacy.
• Demographic information: gender; nationality; and language preferences.
• Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
• Purchase details: records of subscriptions, purchases and prices.
• Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (including mouse hover, mouse clicks, any forms you complete (including incomplete forms not submitted) and any touchscreen interactions.
• Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username/email address; password (hash encrypted using a random salt); usage data; aggregate statistical information.
• Other Data we collect:
  • When you use Encrypt.me for Android, we collect App crash information and General behaviors inside the app. This data is gathered via by Fabric.io and Google Firebase, third-party analytics services used to improve the quality of our app. You can opt-out of Fabric.io and Google Firebase from directly within the app. If you chose to not opt-out, this information is aggregated and is not tied back to any individual user. We respect the privacy of our customers and use this information to make sure that our users are provided the best experience with our applications.
  • When you use Encrypt.me to secure your connection, we collect:
    • The number of bytes sent and received
    • The length of time connected
    • The IP address connected from and the (virtual) IP we assign
    • The source port of the outgoing connection with start and end timesWe keep this information for at most sixteen (16) days, after which we permanently delete it.We call this information your “personal session information” and it is the most sensitive data we collect. We treat it that way. After at most sixteen days, we permanently delete your personal session information.Some related information is kept indefinitely in aggregated form:
  • Each account has a record of lifetime bytes sent and received and time connected. This helps with support, fraud detection, and capacity planning.
  • Each VPN endpoint maintains aggregate usage metrics for monitoring and analysis.
  • We collect aggregate statistics for regional IP address blocks to track geographic trends and help optimize our infrastructure.

E. Lawful basis for Processing Personal Data

In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:

• Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
• Contractual necessity: We Process your Personal Data where the Processing is necessary in connection with any contract that you may enter into with us (when you subscribe for our services);
• Compliance with applicable law: We may Process your Personal Data where the Processing is required by applicable law;
• Legitimate interests: We may Process your Personal Data where we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.

F. Sensitive Personal Data

We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business.

G. Purposes for which we may Process your Personal Data

The purposes for which we may Process Personal Data, subject to applicable law, include:

• Provision of services to you: providing our Sites, Apps and services to you; communicating with you in relation to those services, and providing you with promotional items at your request or in connection with those services or similar services.
• Our Sites and Apps: operating and managing our Sites and our Apps; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites and our Apps; identifying issues with our Sites and Apps and planning improvements to or creating new Sites and Apps; and notifying you of changes to any of our Sites, our Apps, or our services.
• Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
• Communications and IT operations: management of our communications systems; operation of IT security systems; and IT security audits.
• Financial management: sales; finance; corporate audit; and vendor management.
• Surveys: engaging with you for the purposes of obtaining your views on our services.
• Security: electronic security (including login records and access details).
• Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.
• Legal proceedings: establishing, exercising and defending legal rights.
• Legal compliance: compliance with our legal and regulatory obligations under applicable law.
• Improving our Sites, Apps, services: identifying issues with our Sites, our Apps, or our services; planning improvements to our Sites, our Apps, or our services; and creating new Sites, Apps, or services.

H. Cookies and Disclosure of Personal Data to third parties

We may disclose your Personal Data to: legal and regulatory authorities; our external advisors; our Processors (such as Stripe for payment processing); other members of our Group involved in the administration of our Services; any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences, including fraud; any purchaser of all or part of our business; and any third party providers of advertising, plugins or content used on our Sites or our Apps as described in this privacy policy.

When you visit our website, we:

• Send anonymized visited information to DoubleClick, Google Analytics, LinkedIn, DataDog and Twitter
• Place small files called cookies in your browser, for targeted advertising purposes

We use Google Analytics and DataDog to understand who visits our website, and what they did while there. We use DoubleClick to understand how new site visitors came to our website. We use LinkedIn & Twitter to learn more about users and to serve personalized advertisements to encourage your return. We use Firebase which provides app crash information so we may quickly assess and fix any trouble within the platform. It’s worth nothing, this information is collected using small pixels on our site, which may capture your IP address, and cookie identifier. All this information is anonymous and collected in aggregate: we can’t personally identify an individual from the data.

If you still wish to opt-out from these analytics tools, use the links below.

Source	Listing	About	Disable
DoubleClick by Google	stats.g.doubleclick.net	Learn more	Opt-out
Google Analytics	ssl-googleanalytics.com	Learn more	Opt-out
LinkedIn	snap.licdn.com	Learn more	Opt-out
DataDog	datadoghq.com	Learn more	Opt-out
Twitter	static.ads-twitter.com	Learn more	Opt-out

I. International transfer of Personal Data

To provide you with the Services under your contract, it is necessary for us to store, process and transmit your personal data in the United States and other locations around the world. These countries may have data protection laws that are different to the laws of your country.

When we process the data within our group, regardless of where we are, we have implemented appropriate safeguards to ensure your personal data will remain protected in accordance with European Union data protection laws. These safeguards include the Standard Contractual Clauses for transfers to our non-EEA entities. Where we use third parties which process your personal data internationally, we have implemented similar appropriate safeguards to ensure your personal data will remain protected in accordance with this privacy policy.

J. Data security

We have implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of Processing, in accordance with applicable law.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your personal data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.

K. Data accuracy

We take every reasonable step to ensure that:

• your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that you inform us is inaccurate (having regard to the purposes for which they are Processed) are erased or rectified.

L. Data minimization

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Policy or as required to provide you services or access to our Apps and Sites.

M. Data retention

We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Policy.

The criteria for determining the duration for which we will keep your Personal Data are as follows: we will retain copies of your Personal Data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. In particular, we may retain your Personal Data for the duration of any period necessary to establish, exercise or defend any legal rights.

N. Your legal rights

Subject to applicable law, you may have a number of rights regarding the Processing of your Relevant Personal Data, including:

• the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of our Sites, our Apps, or our services, if you do not provide us with your Personal Data – e.g., we may not be able to process your orders without the necessary details);
• the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
• the right to request rectification of any inaccuracies in your Relevant Personal Data;
• the right to request, on legitimate grounds:
  • erasure of your Relevant Personal Data; or
  • restriction of Processing of your Relevant Personal Data;
• the right to object, on legitimate grounds, to the Processing of your Relevant Personal Data by us or on our behalf;
• the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
• where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
• the right to lodge complaints with a Data Protection Authority regarding the Processing of your Relevant Personal Data by us or on our behalf.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section ® below. Please note that:

• we may require proof of your identity before we can give effect to these rights; and
• where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.

O. Terms of Use

All use of our Sites, our Apps, or our services is subject to our Policies. We recommend that you review our Policies regularly, in order to review any changes we might make from time to time.

P. Direct marketing

We may Process your Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding services that may be of interest to you. If we provide services to you, we may send information to you regarding our services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.

You may unsubscribe from our promotional email list at any time by following the unsubscribe instructions included in every promotional email we send. We will not send you promotional emails from a list you have selected to be unsubscribed from, but we may continue to contact you to the extent necessary for the purposes of any services you have requested or from additional lists you have signed up under.

Q. Contact details and EU Representative

You may contact our Data Protection Officer at the address set forth below or by emailing emailing [email protected].

To submit a Data Subject Access Request, a Data Subject Erasure Request, or to exercise other rights under the GDPR, please use the following form: https://dsar.encrypt.me.

If you wish to be taken off our contact list for direct marketing, or if you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data carried out by us, or on our behalf, please contact:

• [email protected]
• (800) 532-1709
• Ziff Davis, Inc. 114 5th Ave New York, NY 10011 U.S.A
• Cloak Holdings, LLC. 1524 5th Ave #300 Seattle, WA 98101 USA

The Company, or Company affiliate, has appointed a Data Protection Officer who may also be contacted at the address above or at [email protected].

The Company has also appointed J2 Global Ireland Limited as its representative in the European Union pursuant to Article 27 of the GDPR. Our Representative’s address is:

J2 Global Ireland Limited Unit 3.1, Woodford Business Park Santry, Dublin Ireland

R. Definitions

• “App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).
• “Adequate Jurisdiction” a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
• “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
• “Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
• “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
• “EEA” means the European Economic Area.
• “Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
• “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
• “Relevant Personal Data” means Personal Data in respect of which we are the Controller. It expressly does not include Personal Data of which we are not the Controller.
• “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
• “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
• “Site” means any website operated, or maintained, by us or on our behalf.

S. California Consumer Privacy Act Addendum

In accordance with the California Consumer Privacy Act, if you are a consumer residing in California the following addition terms apply to you.

(1) Right to Know About Information Collected, Disclosed or Sold

You have the right to request that we disclose what personal information we collect, use, disclose, and sell. To submit a verifiable request, please visit https://dsar.encrypt.me or email [email protected].

If you have an account with us, we will verify the request by confirming the email address used to make the request is the same as the email address on file for the account. If you do not have an account with us, we will verify the request by sending an email to the email address used to make the request.

The categories of California consumers’ personal information we may collect are listed above in Section (D) (“Categories of Personal Data”).

With reference to section (D) above, we collect the following categories of data from our customers: personal details; demographic information; contact details; consent records; purchase details; payment details; data relating to our Sites and Apps; content and advertising data; and views and opinions of our customers. We use this data for the purposes listed above in Section (G) (“Purposes for which we may Process your Personal Data”).

With further reference to section (D) above, we collect the following categories of data from website visitors: data relating to our Sites; content and advertising data; and the views and opinions of website visitors. We use this data for the purposes listed above in Section (G) (“Purposes for which we may Process your Personal Data”).

We confirm we have not sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. We confirm we do not sell personal information of minors under 16 years of age without authorization. We may disclose the categories of Personal Information listed in Section (G) to our vendors and service providers for a business purpose.

(2) Right to Request Deletion of Personal Information

You have the right to request deletion of Personal Information collected or maintained by us. To do so, please submit a request via https://dsar.encrypt.me or by emailing [email protected].

If you are a current or former customer submitting a request by web form or email, please provide sufficient information to identify your account, including your email address on file with us. You may be asked to verify your identity by responding to us with the email address on file for the account.

If you are not a current or former customer, we may ask for proof of identity sufficient to show you are the same consumer about whom we have collected personal information that you are requesting to be deleted.

(3) Right to Opt-Out of the Sale of Personal Information

You have the right to opt-out of the sale of your personal information by a business. Pursuant to California law, because we do not and will not sell your personal information, we do not offer such an opt-out at this time.

(4) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have the right not to receive discriminatory treatment by the business for the exercise of the privacy rights conferred by the California Consumer Privacy Act.

(5) Authorized Agent

If you would like to make a request under the California Consumer Privacy Act on behalf of a California consumer who is a current or former customer, please provide an email from the email address we have on file for the customer authorizing the request.

You may also make a request under the California Consumer Privacy Act on behalf of a California consumer if you provide (1) a signed, written permission from the consumer to act on your behalf, and the consumer verifies their own identity directly with us; or (2) proof that the consumer has provided you with power of attorney pursuant to Probate Code sections 4000 to 4465.

We may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

(6) Contact for More Information

If you have any questions or concerns about our privacy policies and practices, you may contact us via https://dsar.encrypt.me or [email protected].

Date Privacy Policy Last Updated

Our Privacy Policy was lasted updated as of the date indicated at the beginning of the policy.