Controlup Privacy Policy

Privacy Policy

Important Note: If you are a customer subject to the EU General Data Protection Regulation (GDPR):

  1. ControlUp is acting as a data processor with respect to any data (including personal data) supplied or disclosed to, or processed through, the ControlUp software product (“Customer Data”).
  2. The processing of your Customer Data is governed by the ControlUP Data Processing Agreement (“DPA”), available at: [controlup.com/privacy/dpa].
  3. Please download our DPA sign it and return it signed to privacy@controlup.com

If you are not subject to the GDPR, the following text applies to you:

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" ,"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 United States., and any other ControlUp entity specified in an Order, if applicable.
  1. ControlUp Entities – refer to ControlUp Technologies Ltd. an Israeli limited liability company, having its main place of business at Sderot nim 2, Azrieli Rishonim Mall, 4th floor. Rishon LeTsiyon, 7546302, Israel


ControlUp GMBH, a German Corporation having its main place of business at Mazars Rechtsanwaltsgesellschaft mbH, Theodor-Stern-Kai 1, 60596 Frankfurt am Main Germany

        
ControlUp UK Limited, a British Corporation having its main place of business at 37 Broadhurst Gardens London NW6 3QT United Kingdom

  1. "Licensee" refers to the business entity and/or individual person consenting to, and entering into, this Agreement.
  1. "Software" refers to the software, in object code format, provided to the Licensee together with this Agreement, including, without limitation, the Main Console, The Monitor Service, Agents and ControlUp Backend Servers, the Scoutbees monitoring service, 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. “Licensee Content” refers to any Content and/or Confidential Information submitted or uploaded to, or transmitted through, the Software, or otherwise provided or made available to ControlUp, by or on behalf of Licensee.
  1. “ControlUp Content”refers to any Content (excluding Licensee Content) appearing on or in, or otherwise provided or made available via, the Software.
  1. “Third-Party Content” means Content provided by a third party, that interoperates with the Software, including open source software, but that is not embedded in or required for use of the Software.
  1. “Installation Date” refers to the date on which the Licensee installs the Software.
  1. “License Program” refers to a certain combination, marked and chosen by the Licensee when purchasing a license, as further described in section ‎12.2.
  1. “Support Services” refers to those support services corresponding to the License Program chosen by the Licensee.
  2. “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 or more years in accordance with the relevant Annual License Plan.
  1. “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 Monthly License Plan.
  2. “Main Console” refers to the IT Management system, known as “ControlUp Real-time” or “ControlUp Solve” in the edition stipulated in the License Program the Licensee subscribed for, that is installed on the Licensee's Server.
  1. “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. “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. “Reporting Portal” refers to a web-based portal and its backend providing access to services such as  “ControlUp Insights”  “ControlUp Solve”, “Scoutbees by ControlUp”, offering an operational intelligence solution for monitoring and analysis of enterprise network environments
  1. “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. “ControlUp On-Premises Server” refers to software, database scripts and configuration elements providing backend services to the Main Console and the Monitor Service which reside within the Licensee’s network.
  1. “ControlUp Insights On-Premises Server” refers to software, database scripts and presentation services for ControlUp Insights which reside within the Licensee’s network. 
  1. “Our Servers” refers to severs belonging to ControlUp and/or third party providing Hosting service for ControlUp Backend Servers used by ControlUp.
  1. “End Point” refers to each hardware or virtualized based station monitored by the Main Console and/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. “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. “Cloud Connection” refers to Cloud providers’ 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 AWS, Azure, and GCP.
  2. “Server” refers to a component of hardware enabling the installation of the Main Console and/or The Monitor Service and/or the ControlUp On-Premises Server and/or the ControlUp Insights On-Premises Server on its storage device and the operation thereof. ControlUp acknowledges and agrees that Licensee’s Servers can be in physical or virtual form as part of Licensee’s established private virtual network as may be provided by a third-party provider (i.e. Amazon Web Services).  
  3. “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. “User/s” refers to the Licensee and any individual on its behalf that is assigned with a ControlUp User Account.
  1. “Concurrent ControlUp Licenses” refers to the number of ControlUp Licenses being used to monitor the objects by the Main Console and/or the Monitor. The total amount of licenses is determined by the types and amounts of the objects that are being monitored.
  2. “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. “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.
  1. “ControlUp Automation” refers to the capability of the Software to automaticly execute canned responseed based on states, events or metrics changes in one or more of the End Points.
  1. “Mobile App” refers to a mobile application  and its backend known as “ControlUP Mobile” offering an alerting solution for incident received at the “Monitor Service”.
  1. “Usage Statistics” refers to any non-identifying, anonymized and encrypted information, data, reporting, suggestions, analyses, and/or intelligence relating to the operation, support, and/or License’s use, of the Software and/or ControlUp Content (such as metadata, aggregated data, analytics, security findings or discoveries, etc.).
  1. Data Collection
  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. 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.
  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.
  1. Data types sent to Our Servers when working in an Hybrid Cloud 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 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.
  2. The Data sent contains:
  1. User registration information as entered by the user during ControlUp User Account creation. Such information includes: Name, email, phone number, company name for the service.
  2. General User Account settings and configurations. Such information includes host names, private IP, and:
  1. User selected ControlUp’s organization upon logon.
  2. User configured ControlUp’s stress settings.
  3. User configured ControlUp’s security policy settings.
  1. User login information such as login date/time, login count, login private IP address and usage duration.
  2. Generated ID’s for ControlUp User Account, organization, and environment.
  3. User’s License Information and License usage information.
  4. Static computer information displayed in ControlUp’s computers view while remote computer is not connected to ControlUp console.
  5. Remote desktop configuration information (No credential information is ever sent)
  6. Details of system incidents as defined by one of the following. These might include the following Personal Data:
  1. Incident triggers configured by the User.
  2. Incident triggers configured and updated by ControlUp via ControlUp Cloud Analytics.
  1. Details of IT and Controller’s infrastructure performance metrics and system information as follows: Performance updates and system information about hosts, computers, Users sessions and processes.
  2. Details of endpoint connected to Controller’s IT infrastructure performance metrics such as: IP Location, Geolocation, Wi-Fi SSID, host name, etc.  
  3. Auditing information of actions executed by ControlUp users and any changes in the product configuration such as IP Location, Wi-Fi SSID, host name, etc.
  1. 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 ControlUp as further detailed in Section 5 below.
  1. Use of Collected Information by Us
  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.
  1. 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 ControlUp is required by law, ControlUp 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 ControlUp, our users, yourself or the public.
  1. Data Security
  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.
  1. 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.  
  1. Modifications This Privacy Policy
  1. We reserve the right to modify this Privacy Policy without prior notice. In the event ControlUp updates or modifies this Privacy Policy, ControlUp shall endeavor to post such updates or modifications on our Website.
  2. User’s continued use of this Software subsequent to ControlUp’ notice of modification of this Privacy Policy shall constitute User’s acceptance of the modified Privacy Policy.

Last Updated Feb 2021