1.1. “We” , “Us” ,“ControlUp” , “Our” or the “Company” refer to ControlUp Inc. a Delaware corporation, having its main place of business at 4880 Stevens Creek Blvd, Suite 204, San Jose, CA 95129.
1.2. “Licensee” refers to the business entity and/or individual person consenting to and entering into, this Agreement.
1.3. “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“).
1.4. “License Program” refers to a certain combination, marked and chosen by the Licensee when purchasing a license
1.5. “Support Services” refers to those support services corresponding to the License Program chosen by the Licensee.
1.6. “Annual License Fee” refers to the respective amounts that should be paid to ControlUp for the use of the Software for a period of one year in accordance with the relevant License Program.
1.7. “Monthly License Fee” refers to the respective amounts that should be paid to ControlUp per each month in which the Licensee uses the Software in accordance with the relevant License Program.
1.8. “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.
1.9. “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.
1.10. “Agent” refers to any piece of software code ControlUp provides the Licensee (deployed from the installation package installed with the Main Console or from ControlUp website), that is installed on all, selected, or none, of the Licensee’s End Points.
1.11. “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
1.12. “ControlUp Backend Servers” refers to software, database scripts and configuration elements providing backend services to the Main Console, the Monitor Service, and Reporting Portal.
1.13. “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.
1.14. “Our Servers” refers to servers belonging to ControlUp and/or third party providing Hosting service for ControlUp Backend Servers used by ControlUp.
1.15. “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.
1.16. “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.
1.17. “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.
1.18. “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.
1.19. “User/s” refers to the Licensee and any individual on its behalf that is assigned with a ControlUp User Account.
1.20. “ControlUp Licenses” refers to the number of Licenses currently needed on all of the Licensee’s End Points. The total amount of Licenses is determined by the sum of user sessions. On Terminal Servers, each user session is counted as a single license. A workstation constitutes one license, whenever a user is logged to the workstation. Any other server of any kind whatsoever (DC, Exchange, SQL, File Servers, etc.) constitutes 1 License, even if the no users are currently logged on to the Server.
1.21. “Hybrid Cloud 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.
1.22. “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
2.1. In all available operation modes of the Software; On-Prem Mode and Hybrid Cloud Mode, We collect User registration information as entered by the user during ControlUp User Account creation.
2.2. When Licensee operates the Software in an On-Prem Mode NO OTHER DATA except as mentioned above in section 2.1 is sent to Our Servers.
2.3. When Licensee operates the software in a Hybrid Cloud 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 Hybrid Cloud Mode:
3.1. User should be aware that portions of the Main Console and Monitor contain functions that send data to Our Servers when working in a Hybrid Cloud 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.
3.2. The Data sent contains:
3.2.1. User registration information as entered by the user during ControlUp User Account creation.
3.2.2. General ControlUp User Account Settings and Configurations:
3.2.3. Organization’s name and estimated size as entered by the user during organization’s creation.
3.2.4. User selected ControlUp’s organization upon logon.
3.2.5. User configured ControlUp’s Stress settings.
3.2.6. User configured ControlUp’s Security Policy settings.
3.2.7. User Login information such as login date/time, login count, login IP address and usage duration.
3.2.8. 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.
3.2.9. Generated ID’s for ControlUp’s User Account, Organization and Environment.
3.2.10. License Information and License usage information.
3.2.11. Static computer information, displayed in ControlUp’s Computers view while remote computer is not connected to ControlUp Console.
3.2.12. Remote Desktop configuration information (No credential information is ever sent!)
3.2.13. Details of system incidents as defined by one of the following:
126.96.36.199. Incident triggers configured by the user
188.8.131.52. Incident triggers configured and updated by Us via ControlUp Cloud Analytics
3.2.14. Details of performance metrics and system information as following:
184.108.40.206. Performance updates and system information about hosts, computers, user’s sessions and processes.
3.3. Information which we do not collect and retain:
3.3.1. Any passwords configured or entered by the user.
3.3.2. Active Directory domain connection information.
3.3.3. Active Directory users’ credentials information set by the user.
4. Data Ownership
4.1. Data sent to Our Servers belongs to the Licensee and Licensee hereby agrees and provides its consent to the use of the information by ControlUp as further detailed in Section 5 below.
5. Use of Collected Information by Us
5.1. ControlUp reserves the right to compile, save, use within the scope of ControlUp activities, and analyze any and all data collected. ControlUp 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
6.1. 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 ControlUp is required by law, ControlUp may disclose such User information without the consent of User.
6.2. 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 ControlUp, our users, yourself or the public.
7. Data Security
7.1. ControlUp uses reasonable security measures to safeguard information concerning and submitted by, users. Despite the above security measures employed by ControlUp, Users should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.
Last Updated June 2018