1: Based in Bangladesh, we are a young forward-thinking team doing our best to make a significant impact on the rapidly growing IT market.
At PCS Drive, we're providing the world with a comprehensive easy-to-use cloud storage solution for individuals and businesses alike. Our approach incorporates the technical point-of-view with the end user in mind. Other cloud services are either too technical and are not user-friendly, or they are not comprehensive enough for users to get everything they want out of cloud storage.
This is why we founded PCS Drive in 2022 to combine our strong IT skills with the vibrant creativity of our growing team to create a cloud storage solution that works seamlessly for both individuals and businesses.
2: Important: We store all data on servers in US, UK, Canada, and/or Europe.
3: This policy is divided into five sections to make it easier for you to see which provisions apply to different types of data. Words and phrases which are defined in our Terms have the same meanings when they are used in this Policy.
4: The sections of this Policy are:
4.1: This Introduction section.
4.2: The “Your Files” section. This covers the actual encrypted files that you upload, access and share using our services.
4.3: The “Account Data” section. This covers the metadata that is collected and generated by our systems when you use our services, and the information that you provide to us when you register and communicate with us.
4.4 :The “Usage Data” section. This covers the data that is collected and generated when you use our services.
4.5: The “General” section, which applies to all our services and all types of data.
5: The GDPR provides rights to European users, but, as a leading privacy company, we make the GDPR protections and rights available to all our users globally in respect of their personal data (or “personal information” as we refer to it in Bangladesh), wherever you may live.
6: This is the section of this Policy that covers the actual encrypted files that you upload, access and share using our services (“Your Files”). The following specific terms apply:
6.1: When you upload a file, it is already encrypted at your device, so we do not know whether it is personal to you or someone else, relates to a business or some other organisation, or what it contains. We also generate and store encrypted previews of images, videos and certain other types of file. We gather a small amount of metadata about the type of file, but that does not disclose the content or information that the file contains. In relation to metadata, see the section of this Policy specifically covering Account Data.
6.2: All Your Files remain encrypted at all times while they are on our system. They are never received, stored or otherwise dealt with by us in unencrypted form because any decryption takes place only on your device or that of another user to whom you have provided the file/folder links and keys that are created when you give them access. Your Files are therefore not personal data under the GDPR (or “personal information” as we refer to it under the Bangladesh Privacy Act 2018) since they are never held by PCS Drive in a form that is information about an identified or identifiable natural person.
6.3: We collect Your Files because that is necessary for us to provide our end-to-end encrypted cloud storage and collaboration services that you contract for when you agree to our Terms.
6.4: Although Your Files are not personal information within our system because you have encrypted them, you should know that we store Your Files and make them available from servers that are owned and controlled by us.
6.5: We keep Your Files while you are subscribed to our services but subject to our suspension and termination rights set out in our Terms. You must maintain copies of Your Files. We do not make any guarantees that there will be no loss of data or the services will be bug free. You should download Your Files prior to termination of services including where the administrator of a business account, within which you have used the services, terminates that business account. If you forget your password you will lose access to all Your Files unless you have exported a Recovery Key.
6.6: When you delete one of Your Files it will be made inaccessible, marked for deletion and removed when the next appropriate file purging process is run, subject to any retention specifically allowed under this Policy or our Terms. After account termination, all Your Files will be marked for deletion and removed when the next appropriate file purging process is run, subject to any retention specifically allowed under this Policy or our Terms.
6.7: We may, but shall not be obliged to, keep Your Files after your account has been suspended or terminated. In particular, we may, but shall not be obliged to, keep Your Files where we consider it necessary for evidential purposes relating to a breach of our Cookie Policy, Terms or with respect to current or anticipated action by any competent enforcement authority or other third party. With respect to release of Your Files to competent enforcement authorities and third parties, see our Takedown Guidance Policy.
6.8: See also the General section of this Policy which applies to all types of data, including Your Files.
7: This is the section of this Policy that covers account information you give us, and metadata and records of financial transactions that we generate in relation to Your Files, Your Chats and your account. The following specific terms apply:
7.1: When you sign up for particular services you will need to give us the details required in our registration form and will need to keep that information up to date, including any payment account details (e.g. online payment provider account information)
7.2: You do not need to give us any information other than your Name, email address, Phone Number, Country, and Passward to use a free PCS Drive account, but the volume of Your Files that you can store and some other functionality is limited with such accounts. Where you wish to access greater storage and other functionality under a paid plan, you will need to give us (including our related or affiliated entities, payment processors and resellers) the information (such as tax identification and payment information) that is required under the particular plan and our Terms in relation to those services. For paid plans, PCS Drive and its related or affiliated entities, payment processors, and resellers that you use to make payments retain account and payment information including a record of all transactions on your account.
7.3:When you use our services, our systems retain the following metadata in unencrypted form:
7.3.1: Browser type and operating system of the devices from which you have logged in to PCS Drive;
7.3.2: IP address and port information for logins, API usage, file uploads, folder creations and link exports;
7.3.3: The country that we expect you are accessing our services from (inferred by matching your IP address to a public IP address database);
7.3.4: File sizes, versioning order, timestamps and parent-child file relationships;
7.3.5: Deletion timestamps;
7.3.6: The email address of anyone you have specifically made a contact using PCS Drive's systems. Note that Your Files and folders can be shared privately by invitation to specified email addresses or shared more generally by creating a file or folder link and decryption key;
7.3.7: Contact email addresses of chat participants, chat commencement time and chat duration, and moderation activity;
7.3.8: Takedowns and account suspensions;
7.3.9: Our communications with you; and
7.3.10: Your personal account settings, including any avatar picture.
7.4: Access to your account is by way of nominated email address and password. It is your responsibility to keep these safe and secure as PCS Drive stores the email address but does not store the password. If you forget your password you will lose access to all your data unless you have exported a Recovery Key.
7.5: We will collect, store, use and otherwise process Account Data so that we can provide the services you have contracted to obtain from us under our Terms. We also have a legitimate interest in processing Account Data so that we can maintain and improve our systems and services and communicate with you as referenced in this Policy.
7.6: We retain Account Data as long as your account is active. After account suspension or termination, including where the administrator of a business account, within which you have used the services, terminates that business account, we may, but shall not be obliged to, retain all Account Data if enforcement action is likely or commenced under our Terms, our Cookie Policy, or Takedown Guidance Policy or for 12 months, whichever is longer, or in the case of records of financial transactions relating to your account for such period of time as we are legally required to retain such information. Users sometimes request that an account be re-activated so we keep Account Data for 12 months for that purpose. Where there is no enforcement action likely or commenced and the 12 month period has expired, or after such longer period as is applicable in the case of records of financial transactions relating to your account that we are legally required to retain, Account Data that identifies you will be anonymised, but where you are a contact of, have had a folder shared with you by, or have chatted with, another PCS Drive user, those details will continue to be retained to allow services to continue for those other users. See also the General section of this Policy with regard to retention.
7.7: If PCS Drive has disclosed the Account Data to any third party (such as a compliance authority), it will inform them of any correction where possible and will also inform the individuals about the third parties to whom the data has been disclosed where lawful and appropriate.
7.8: See also the General section of this Policy which applies to all types of data, including Account Data.
8: This is the section of this Policy that covers your activity using our services (“Usage Data”). Our Cookie Policy provides more specific information on certain types of Usage Data and your rights to control when it is collected and what it is used for. Subject at all times to the rights you have pursuant to our Cookie Policy the following specific terms apply:
8.1: We may:
8.1.1: collect Usage Date to assist in the operation and improvement of our services;
8.1.2: join Usage Data with other users' data and give it to advertisers in a way which doesn't personally identify any particular user;
8.1.3: analyse and use Usage Data for marketing or statistical purposes as well as to improve the way we do business with our users; and
8.1.4: serve advertisements or use third-party advertising companies to serve advertisements on our services and on third party sites, as well as to assist us in analysing our marketing and other business efforts.
8.2: We collect and keep Usage Data with your consent to provide services and support related to our services, for market and product research and to be able to give users promotional material and special offers on our services.
8.3: See also the General section of this Policy which applies to all types of data, including Usage Data.
9: This is the section of this Policy that covers all types of data.
Basis of processing and dealing with data
10: As noted above, we process your personal information because we have contracted with you to do so under our Terms, this Policy, our Cookie Policy and our Takedown Guidance Policy. We cannot provide our services without that data. Other data that is not personal information is also dealt with by us in accordance with our Terms, this Policy, our Cookie Policy and our Takedown Guidance Policy.
Giving access to other users
11: You must ensure that anyone to whom you give access to any of Your Files, Your Chats or your Account Data complies with our Terms, our Cookie Policy, our Takedown Guidance Policy and this Policy. You are responsible for their compliance. This applies particularly where you are the administrator of a business account.
12: For business accounts, the administrator of that account can see and deal with the files and data associated with all users within that account (including any data and any personal information). In addition:
12.1: if the business account is suspended or terminated, the action will affect the data and personal information of every user within that account;
12.2: the administrator of the business account will be able to see and deal with, change or delete the files and data associated with every user within that account (including any of Your Data, Your Chats, Account Data and any of your personal information); and
12.3: the administrator of the business account will be able to terminate any user’s account within the business account, restrict or disable usage of the account, change any user’s password and otherwise deny access to the account and you will then lose access to all Your Data, Your Chats, Account Data and all personal information associated with your usage of the business account.
Your own security practices are critical
13: We strongly urge you to use best practices for ensuring the safety of your systems and devices (e.g. via strong unique passwords, security upgrades, firewall protection, anti-virus software, securing devices). PCS Drive will never send an email asking for your password, so do not be fooled by any such email since it will not be from us. We cannot guarantee the security of computers or devices nor of transmission from and to your device over the Internet and thus cannot guarantee there will be no unauthorised access. Also, if you lose or otherwise allow access to your password or encryption keys, you will lose the security of all your data. If you forget your password you will lose access to all your data unless you have exported a Recovery Key. Using the same password for PCS Drive as you have used at other sites can lead to others accessing and taking control of your PCS Drive account if one of those other sites is breached or hacked.
Disclosure for civil or criminal enforcement
14: If we think it is necessary or we are obliged by law in any jurisdiction, then we are entitled to give Your Files, Your Chats, any Account Data and any Usage Data to competent authorities, even if those items are encrypted. We reserve the right to assist any law enforcement agency with investigations, including disclosure of information to them or their agents. We also reserve the right to comply with any legal processes, including but not limited to data breach notification processes, subpoenas, search warrants and court orders initiated by enforcement authorities or other third parties. We may disclose Your Files, Your Chats, any Account Data and any Usage Data to enforce or apply our Terms, our Cookie Policy, our Takedown Guidance Policy and this Policy or any other agreement we have with you, or to protect the rights, property, or safety of us or our other users, third parties or the operation of our services. For more detail on disclosure to competent enforcement authorities and other third parties, see our Takedown Guidance Policy.
PCS Drive and its related or affiliated entities, payment processors and resellers
15: You have a contract with PCS Drive (+8801788608555) but our services (including payment and personal information processing) may be provided by PCS Drive's related or affiliated entities, payment processors and resellers, in other jurisdictions, subject to applicable laws. You authorise PCS Drive and each of those related or affiliated entities to collect, store, share and otherwise process Your Files, Your Chats, any Account Data and any Usage Data among themselves, as necessary to provide the services, subject to applicable laws.
No commercial sale of data
16: We will never sell Your Files, Your Chats, any Account Data or any Usage Data. We will not disclose or otherwise provide Your Files, Your Chats, any Account Data or any Usage Data to a third party, or make any other use of Your Files, Your Chats, any Account Data or any Usage Data, for any purpose which is not specifically allowed under this Policy, our Cookie Policy, our Terms or our Takedown Guidance Policy or is not incidental to the normal use of our services.
PCS Drive’s data security
17: Data security is very important to PCS Drive, whether that is your personal information or any other data. That is why we publish our client-side browser and mobile app software, provide a bug bounty to encourage reporting on any issues, and why we have provided information in this Policy on collection and storage of all data whether or not it is personal information. For more information on our security practices, see our security.
Communications
18: We may send invoices, security or service updates and various other notices by email to the email address listed in your account or using any of our chat or messaging systems. They will be deemed to be received in accordance with our Terms.
19: If appropriate, some of those notices will contain unsubscribe information so you can opt out of further receipt. We will abide by any email unsubscription request (other than those we need to send for invoicing, security or service updates and other service provider purposes).
20: In some cases a person may receive an email from us asking the person to confirm their new PCS Drive account email address, but in fact they haven't tried to open an account - someone else has started the process and used their email address either maliciously or by mistake. In these cases, PCS Drive has an ephemeral/incomplete account that might be used to upload files. On request, and after proving ownership of the email address, we will arrange for the account to be deleted.
Law
21: Subject to the rights that those in the European Union have under the GDPR, this Policy and its interpretation and operation are governed solely by New Zealand law. Subject to the rights that those in the European Union have under the GDPR, you, PCS Drive and all users, submit to the exclusive jurisdiction of the New Zealand arbitral tribunals and courts as further described in our Terms and you agree not to raise any jurisdictional issue if we need to enforce an arbitral award or judgment in New Zealand or another country.
Contact and complaints
22: Questions and comments regarding this Policy are welcomed and should be addressed to the Privacy Officer at support@pcsdrive.com. For a comprehensive list of contact details for PCS Drive Limited, and each of our related or affiliated entities, payment processors and resellers, together with details of how to contact our privacy officer and data protection officer, see our contacts page.
23: If you are in Europe or otherwise have the right to lodge a complaint with a supervisory authority, you can find contact details for PCS Drive’s European Representative and European supervisory authority on our contacts page.
Changes to our Policy
24: We may make changes to this Policy in the future. Any changes will be notified to all users.