Privacy

Issued in respect of the service operated at transferdropbox.com.

1. Interpretation

1.1 In this Notice, the Service means the file transmission service made available at transferdropbox.com; the Operator means the natural or legal person by whom the Service is provided and who determines the purposes and means of processing; the Sender means a person who submits a file to the Service for transmission; the Recipient means a person who opens a transfer link; and the User means either of them.

1.2 Content Data means the files submitted for transmission and any accompanying message. Traffic Data means data relating to a communication and generated by the systems that carry it, including origin, destination, route, time, date, size and duration. Subscriber Information means data held by the Operator by which a User may be identified, including an electronic mail address and the network address from which an account was established.

1.3 This Notice is issued in respect of the Service and is not drafted by reference to any single national statute. Applicable Law means the data protection, communications and criminal law to which the Operator and the Service are subject from time to time.

2. Identity of the Controller

2.1 The Operator is the data controller in respect of all personal data processed through the Service and bears responsibility for compliance with Applicable Law.

2.2 Correspondence concerning this Notice, including any request made under clause 10, must be addressed to privacy@transferdropbox.com.

3. Purposes and Lawful Basis of Processing

3.1 Personal data is processed for the following purposes and no others:

(a) to effect the transmission of files at the request of the Sender, that being the performance of the service the User has requested;

(b) to verify that a person submitting files controls the electronic mail address asserted, so that each transmission is attributable to a confirmed address;

(c) to detect, prevent and investigate malicious code, unlawful content and abuse of the Service, that being a legitimate interest of the Operator and a requirement of Applicable Law;

(d) to comply with a legal obligation to which the Operator is subject.

3.2 No personal data processed through the Service is used for advertising, behavioural profiling, automated decision making producing legal effects, or sale or disclosure to any data broker. No third party analytics, advertising or tracking script is served by this site.

4. Categories of Data Processed

4.1 Content Data. The files submitted and any message accompanying them. The Operator does not inspect the substance of Content Data save to the extent described at clause 8.

4.2 Traffic Data. As is required of communications providers under Applicable Law, the Operator records and retains Traffic Data in respect of each transmission and each opening of a transfer link. Users are hereby given express notice that the following are recorded: the network (IP) address of the Sender and of every Recipient; the date and time of each upload, each link opening and each file download; the number, name, declared type and size in bytes of each file; the browser, operating system and device class reported by the connecting system; the language preference and referring page transmitted in the request; and an identifier placed to distinguish repeat visits.

Home page visits are also logged with the visitor’s IP address, available country information, browser and device details, and time; known bots and prefetches are excluded from the home page activity log.

4.3 Subscriber Information. The electronic mail address confirmed by the Sender, the network address from which it was confirmed, the date of confirmation and the date of most recent use. Where a User elects to establish a password protected account, the password is stored only as a scrypt derivation and is not recoverable in plain form by any person, the Operator included.

4.4 Security Instances. In furtherance of the purpose at clause 3.1(c), and by way of a technical and organisational security measure of the kind contemplated by Applicable Law, the Service shall, at the point of ingest and without further act of any person, generate from each image file submitted a single derivative thereof of materially reduced resolution (a Security Instance), upon which there is impressed, indelibly and inseparably from the image itself, a mark recording the date upon which it was generated, such mark being incapable of removal otherwise than by the destruction of the Security Instance in which it is embodied.

4.4.1 A Security Instance is not a reproduction of the file submitted. It is a derivative of materially reduced dimension and fidelity, generated for evidential purposes alone, and is incapable of substituting for the file from which it derives. The Operator does not retain, and at no time retains beyond the period at clause 5.1, the file submitted in its original form.

4.4.2 A Security Instance is held in a segregated store. It is not addressable by any link, is not served to any Recipient, is not indexed, and is not subjected to any form of automated analysis, matching or profiling.

4.4.3 A Security Instance may be examined only upon, and only so far as is strictly necessary for, the investigation of a specific complaint, allegation or lawful process concerning a contravention of clause 8.1. Access is restricted to the Operator, every instance of access is recorded in the audit log maintained under clause 9.3, and no Security Instance is used for any commercial purpose whatsoever or disclosed to any third party save in the circumstances at clause 7.2.

4.4.4 Notwithstanding clause 5.1 and clause 5.2, and by way of express derogation from the destruction provided for thereunder, the destruction of a transmitted file does not extend to, and shall not be construed as effecting the destruction of, the Security Instance derived from that file. Each Security Instance subsists independently of the file from which it derives, for the period prescribed at clause 5.3 and for no longer, whereupon it is destroyed automatically and irreversibly and without further act of the Operator. This provision is stated expressly in order that no User may be taken to have been left in doubt as to the operation of clause 5.

4.4.5 The generation and retention of Security Instances is limited to that which is necessary and proportionate to the purpose at clause 3.1(c), and a User may object to it under clause 10.1(f).

4.5 Geographic location is not resolved from a network address as a matter of course. It is resolved only where the Operator investigates a specific identified address.

5. Retention Schedule

5.1 Transmitted files are irreversibly deleted from the server upon the expiry of 48 hours from transmission, or upon revocation of the link by the Sender, whichever first occurs.

5.2 A file transmitted by the single view facility is irreversibly deleted upon the conclusion of the first viewing, and the link thereupon ceases to function.

5.3 Security Instances generated under clause 4.4 subsist for 30 days from transmission and are thereupon destroyed automatically and irreversibly.

5.4 Traffic Data and Subscriber Information are retained beyond the deletion of the corresponding file. Users are given express notice that the record of a transmission, including the addresses and times at which it was sent and opened, survives the file itself. That retention is required for the purposes described at clauses 3.1(c) and 3.1(d) and by Applicable Law.

5.5 Records of refused uploads, including the network address of origin and the reason for refusal, are retained as part of the security record of the Service.

6. Where the Data Is Held, and Cross Border Transfer

6.1 Users are given express and prominent notice of the country in which their data is held. The server on which all files, Traffic Data and Subscriber Information reside is located in the Federal Republic of Germany.

6.2 It follows that a file uploaded from anywhere other than the Federal Republic of Germany is transmitted beyond the territorial jurisdiction in which it originated at the moment of upload, and is thereafter stored and processed in the Federal Republic of Germany for the duration of the periods specified at clause 5.

6.3 Traffic to and from the Service is additionally routed through a third party content delivery and security network, which terminates connections at edge facilities in multiple jurisdictions. Electronic mail despatched by the Service is transmitted through a third party mail processor. Each such processor acts on the documented instructions of the Operator and is bound by written terms no less protective than this Notice. The identity of any processor is available to a User on request.

6.4 By submitting a file to the Service, the User expressly consents to the transfer of that file, and of the personal data described at clause 4, out of the jurisdiction in which it originated to the jurisdictions identified above. A User who does not consent to that transfer must not use the Service. Consent so given may be withdrawn by exercise of the rights at clause 10, whereupon the Operator shall cease processing save where retention is required by clause 5.4.

7. Disclosure to Law Enforcement and Other Third Parties

7.1 The Operator does not sell, rent, trade or otherwise disclose personal data to any third party for commercial purpose.

7.2 Users are given express notice that Traffic Data, Subscriber Information and Security Instances may be preserved and produced to a law enforcement authority, and that the Operator may be compelled to do so, pursuant to a warrant, production order, preservation order or other lawful process issued under Applicable Law.

7.3 Where the Operator receives such process and is not prohibited by its terms or by law from doing so, the Operator shall use reasonable endeavours to notify the affected User.

8. Acceptable Use and Prohibited Content

8.1 The Service must not be used for any purpose which is unlawful under Applicable Law. Without limitation, the following are prohibited and constitute a material breach of these terms:

(a) the transmission of material in infringement of copyright or any other intellectual property right, including the distribution of pirated works;

(b) the transmission, distribution or hosting of malicious code, including any virus, ransomware, trojan, worm or other program devised to damage, disrupt or obtain unauthorised access to a computer system, and any act constituting illegal data interference or illegal access;

(c) the transmission or publication of an image of the private area of any person without the express consent of that person;

(d) the transmission of material depicting the sexual exploitation or abuse of a child, or of any other material the possession or distribution of which is a criminal offence;

(e) the use of the Service to harass, threaten, defraud or impersonate any person.

8.2 Every file submitted is subjected to automated inspection before acceptance. Files are examined by their actual byte content rather than by the name or type asserted by the Sender. Executable files and other file classes capable of carrying executable content are refused. A file which cannot be scanned is refused rather than admitted.

8.3 The Operator may without notice refuse a file, revoke a link, suspend an address and preserve the associated record where the Operator has reasonable grounds to suspect a breach of clause 8.1.

9. Security Measures

9.1 All traffic to and from the Service is encrypted in transit. Files are stored on a single hardened server, are not indexed by any search engine, and are addressable only by an unguessable link.

9.2 Authentication credentials, where they exist, are stored as scrypt derivations. Verification codes and password reset tokens are stored only as cryptographic digests and are of limited duration.

9.3 Administrative access to the record of transmissions is restricted to the Operator and every access is itself recorded in an append only audit log.

10. Rights of the Data Subject

10.1 A User has the right, in respect of personal data concerning that User:

(a) to be informed of the personal data held and the purposes for which it is processed;

(b) to obtain a copy of that personal data;

(d) to require the erasure of personal data, including the transfer history associated with an address, subject to clause 10.3;

(e) to withdraw a consent previously given, including the consent at clause 6.4;

(f) to object to processing carried out on the basis of the legitimate interest at clause 3.1(c).

10.2 A request under clause 10.1 must be made to privacy@transferdropbox.com from the address to which the data relates, or accompanied by other sufficient proof of entitlement. The Operator shall respond without undue delay. A Sender may in addition revoke any link at any time without making a request.

10.3 The Operator may decline to erase a record to the extent that its retention is required by Applicable Law, is subject to a preservation order, or is necessary for the establishment, exercise or defence of a legal claim. Where erasure is declined in part, the Operator shall state which part and upon what ground.

11. Breach Notification

11.1 In the event of a personal data breach, the Operator shall notify the competent supervisory authority without undue delay and in any event within 72 hours of becoming aware of the breach.

11.2 Where a breach is likely to result in a significant risk to the rights of an affected User, that User shall be notified directly and without undue delay.

12. Territorial Restriction of the Service

12.1 The Service is presently made available only to connections originating in the regions the Operator has enabled. Connections from elsewhere are refused. That restriction is a security measure and does not alter the storage location disclosed at clause 6.

13. Cookies and Local Storage

13.1 The Service sets only such cookies as are strictly necessary for its operation, being a session cookie where a User has authenticated and a visitor identifier used to distinguish repeat openings of a link. No advertising or cross site tracking cookie is set.

14. Amendment

14.1 The Operator may amend this Notice, and an amended Notice takes effect upon its publication at this address. Where an amendment materially alters the purposes of processing or the destination of a cross border transfer, the Operator shall seek fresh consent before the amendment takes effect in respect of that User.

15. Governing Law

15.1 This Notice and any dispute arising out of it are governed by the law of the jurisdiction in which the Operator is established, and the courts of that jurisdiction shall have jurisdiction.