ControlUp Privacy Policy

The use of ControlUp Software is conditioned upon the User’s acceptance of the terms and conditions contained in this Privacy Policy. This Privacy Policy lists our current policies; it may be adjusted from time to time at our discretion. Those who do not agree to be subject to this Privacy Policy may not use ControlUp Software.

  1. Definitions
    1. "We", "Us","Smart-X", "Our" or the "Company" refer to Smart-X Software Solutions Ltd. an Israeli limited liability company, having its main place of business at 4 Hamelacha Street, Lod 7152010, Israel.
    2. "Licensee" refers to the business entity and/or individual person consenting to, and entering into, this Agreement.
    3. "Software" refers to the software, in object code format, provided to the Licensee together with this Agreement, including the Main Console, The Monitor Service, Agents and ControlUp Backend Servers, in addition to but not limited to (i) third party`s software incorporated therein; (ii) related explanatory written materials ("Documentation"); and (iii), any patches, updates, modified versions, additions, service packs and upgrades, if any, which may be provided by the Company from time to time ("Updates & Upgrades").
    4. "License Program" refers to a certain combination, marked and chosen by the Licensee when purchase a license
    5. "Support Services" refers to those support services corresponding to the License Program chosen by the Licensee.
    6. "Annual License Fee" refers to the respective amounts that should be paid to Smart-X for the use of the Software for a period of one year in accordance with the relevant License Program.
    7. "Monthly License Fee" refers to the respective amounts that should be paid to Smart-X per each month in which the Licensee uses the Software in accordance with the relevant License Program.
    8. "Main Console" refers to the IT Management system, known as "ControlUp Real-time" in the edition stipulated in the License Program the Licensee subscribed for, that is installed on the Licensee's Server.
    9. “Monitor Service” refers to an IT monitor element known as “ControlUp Monitor” that is installed on one or more of the Licensee's Servers and can run 24/7.
    10. "Agent" refers to any piece of software code Smart-X provides the Licensee (deployed from the installation package installed with the Main Console or from Smart-X website), that is installed on all, selected, or none, of the Licensee's End Points.
    11. “Reporting Portal” refers to a web based portal and its backend known as “ControlUP Insights” offering an operational intelligence solution for monitoring and analysis of enterprise network environments
    12. “ControlUp Backend Servers refers to software, database scripts and configuration elements providing backend services to the Main Console, the Monitor Service and Reporting Portal.
    13. “ControlUp On-Premises Server” refers to software, database scripts and configuration elements providing backend services to the Main Console and the Monitor Service and which reside within the Licensee’s network.
    14. "Our Servers" refers to severs belonging to Smart-X and/or third party providing Hosting service for ControlUp Backend Servers used by Smart-X.
    15. "End Point" refers to each hardware or virtualized based station monitored by the Main Console or the Monitor Service under the terms of this Agreement, including, but not limited to, personal computers, laptops, terminal services, VDI, servers, screens etc.
    16. “Host” refers to virtualized infrastructure elements which can run multiple End Points and Servers and are monitored by the Main Console and or the Monitor Service under the terms of this Agreement, including, but not limited to vSphere, XenServer and Hyper-V based hosts.
    17. "Server" refers to a single component of hardware enabling the installation of the Main Console and or The Monitor Service on its storage device and the operation thereof.
    18. "ControlUp User Account" refers to each issuance of a unique username and password enabling authenticated access to the Main Console and or to the Reporting Portal.
    19. "User/s" refers to the Licensee and any individual on its behalf that is assigned with a ControlUp User Account.
    20. "Concurrent Sessions" refers to the number of sessions currently established on all of the Licensee's End Points. The total amount of sessions is determined by the sum of user sessions and system (services) sessions. On Terminal Servers each user session is counted as a single session plus two sessions for the server itself. A workstation constitutes one session, whenever a user is logged to the work station. Any other server of any kind whatsoever (DC, Exchange, SQL, File Servers, etc.) constitutes 5 Concurrent Sessions, even if the no users are currently logged on to the Server.
    21. "Standalone Mode" refers to an operation of the Main Console in which the ControlUp configuration data and statistics are stored solely within the Licensee's local area network and are never sent to Our Servers.
    22. "Offline Activation File" refers to a file which will be received and uploaded by the Licensee to its Server, which includes, inter alia, the details of the Licensee's License Program as was approved by Smart-X, and additional details. The file allows the Main Console to operate in a Standalone Mode without connecting to Our Servers.
    23. "Enterprise Mode" refers to an operation of the Main Console and the Monitor Service in which certain login, configuration, performance metrics, IT events and licensing information are exchanged between ControlUp Backend Servers reside on Our Servers and the Main Console and The Monitor Service securely communicates and exchanges information with ControlUp Backend Servers.
    24. “On-Prem Mode” refers to an operation of the Main Console and the Monitor Service in which certain login configuration, performance metrics, IT events and licensing information are exchanged between ControlUp On-Premises Server reside within the Licensee’s network and the Main Console and The Monitor Service securely communicates and exchanges information with ControlUp On-Premises Server. ControlUp configuration data and statistics are stored solely within the Licensee's network and are never sent to Our Servers.
  2. Data Collection
    1. In all available operation modes of the Software; Standalone Mode, On-Prem Mode, as well as Enterprise Mode, We collect User registration information as entered by the user during ControlUp User Account creation.
    2. When Licensee operates the Software in a Standalone Mode or On-Prem Mode NO OTHER DATA except as mentioned above in section 2.1 is sent to Our Servers.
    3. When Licensee operates the software in an Enterprise Mode performance related information of Licensee’s monitored End Points and Hosts are sent to Our Servers securely as Detailed in section 3.2 below.
  3. Data types sent to Our Servers when working in an Enterprise Mode:
    1. User should be aware that portions of the Main Console and Monitor contain functions that send data to Our Servers when working in an Enterprise Mode. All of the aforementioned data is transferred using industry-standard encryption and identity-validation mechanisms (SSL). Data which is stored on Our Servers, is encrypted by using private customer-specific keys in order to prevent its leakage and misuse.
    2. The Data sent contains:
      1. User registration information as entered by the user during ControlUp User Account creation.
      2. General ControlUp User Account Settings and Configurations:
      3. Organization’s name and estimated size as entered by the user during organization’s creation.
      4. User selected ControlUp’s organization upon logon.
      5. User configured ControlUp’s Stress settings.
      6. User configured ControlUp’s Security Policy settings.
      7. User Login information such as login date/time, login count, login IP address and usage duration.
      8. Various User requests / forms such as Bug Report, Feature Request, Offline Authentication File Request, Feature disable request, shared script-based actions and other requests made by the User.
      9. Generated ID’s for ControlUp’s User Account, Organization and Environment.
      10. License Information and License usage information.
      11. Static computer information, displayed in ControlUp’s Computers view while remote computer is not connected to ControlUp Console.
      12. Remote Desktop configuration information (No credential information is ever sent!)
      13. Details of system incidents as defined by one of the following:
        3.2.13.1. Incident triggers configured by the user
        3.2.13.2. Incident triggers configured and updated by Us via ControlUp Cloud Analytics
      14. Details of performance metrics and system information as following:
        3.2.14.1. Performance updates and system information about hosts, computers, users sessions and processes.
    3. Information which we do not collect and retain:
      1. Any passwords configured or entered by the user.
      2. Active Directory domain connection information.
      3. Active Directory users’ credentials information set by the user.
  4. Data Ownership
    1. Data sent to Our Servers belongs to the Licensee and Licensee hereby agrees and provides its consent to the use of the information by Smart-X as further detailed in Section 5 below.
  5. Use of Collected Information by Us
    1. Smart-X reserves the right to compile, save, use within the scope of Smart-X activities, and analyze any and all data collected. Smart-X intends to use such data for multiple purposes, including without limitation for the purposes of responding to User’s requests, product improvements, computing global performance statistics and for contacting the user.
  6. Disclosure of User Information
    1. We will take reasonable measures to control User information, and, except as otherwise set forth herein, not disclose such User information to third parties without the User's consent. However, in the event disclosure of any User information by Smart-X is required by law, Smart-X may disclose such User information without the consent of User.
    2. We may disclose User information if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) enforce our EULA (as defined below), including investigations of potential violations thereof; (ii) detect, prevent, or otherwise address fraud or security issues; or (iii) protect against harm to the rights, property or safety of Smart-X, our users, yourself or the public.
  7. Data Security
    1. Smart-X uses reasonable security measures to safeguard information concerning, and submitted by, users. Despite the above security measures employed by Smart-X, Users should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.
  8. EULA
    1. This Privacy Policy forms part of our Software’s End User License Agreement ("EULA") which can be viewed from within the Software and which you accepted prior to downloading, installing and/or using the Software for the first time.
  9. Modifications This Privacy Policy
    1. We reserve the right to modify this Privacy Policy without prior notice. In the event Smart-X updates or modifies this Privacy Policy, Smart-X shall endeavor to post such updates or modifications on our Website.
    2. User’s continued use of this Software subsequent to Smart-X’ notice of modification of this Privacy Policy shall constitute User’s acceptance of the modified Privacy Policy.
Last updated: January 2016.