GET TO KNOW FILEWAVE
Founded in 1992, FileWave provides business, education and government institutions from around the world with enterprise level multi-platform device management. See how FileWave's products, features, and services provide a comprehensive solution throughout the entire life cycle process of imaging, deployment, management and maintenance.

This document is a binding agreement between you and FileWave International Holding AG ("FileWave"). By installing a FileWave component or using the FileWave software, you are automatically agreeing to all of the terms of this agreement. If you do not agree with the terms of this agreement, do not open the installer package and do not use the software, instead, return the installers and all manuals, documentation, or written materials that are associated with this program to the place where you obtained them for possible refund and delete all electronic copies of the software and documentation.

The FileWave Company, FileWave Software (Binaries and Documentation) is generally classified into and distributed within three (3) Portfolio Editions:

Small Business Edition (SBE)

  • Limited to 200 Client Computers
  • Limited to 1 Administrator
  • No Booster functionality
  • Limited functionalities

Enterprise Edition (EE)

  • Unlimited Client Computers ability
  • Unlimited Administrator ability
  • Unlimited Booster ability
  • All functionalities guaranteed

Education Edition (EDU)

  • Unlimited Client Computers
  • Unlimited Administrator ability
  • Unlimited Booster ability
  • All functionalities guaranteed

1. The "Small Business Edition”

a.) FileWave™ Client (Unix-Deamon or Windows Service) with all including features and functions

  • FileWave™ Client for Mac OS "fwcld"
  • FileWave™ Client for Windows "FWService.exe"
  • FileWave™ Client for LINUX "fwcld"

The Software listed under 1.a.) Shall be duplicated and distributed as one package for simultaneous use at your local site for the maximum number of users specified for the "Portfolio Edition" in the purchase order submitted to FileWave Company to license this product.

b.) FileWave™ Administrator with all including features and functions

b.1.) FileWave™ Administrator for Mac OS "FileWave Super Prefs Editor.app"

  • "FileWave Admin.app"
  • "FileWave Client Monitor.app"

b.2.) FileWave™ Administrator for Windows "FileWave Super Prefs Editor.exe"

  • "FileWaveAdmin.exe"
  • “FileWaveClientMonitor.exe”

The Software listed under 1.b. (1-2) shall be distributed and used according to the licensed number of Administrators. In general and without an upgrade to the Multi-Admin license, it shell be distributed and used together as one (1) package on a single (1) computer unit at a single (1) location as specified for the "Portfolio Edition" in the purchase order submitted to FileWave Company to license this product.

c.) FileWave™ Server (SQL-Lite Database) with all including features and functions

c.1.) FileWave™ Server for Mac OS "fwxserver"

c.2.) FileWave™ Server for Windows "fwxserver.exe"

c.3.) FileWave™ Server for LINUX "fwserver"

The Software listed under 1.c. (1-3) shall be used on a single (1) computer unit at a single (1) location and shall reside in memory of only one (1) single computer at one (1) time as specified for the "Portfolio Edition" in the purchase order submitted to FileWave Company to license this product.

d.) FileWave™ User Documentation

FileWave™ User Documentation may be downloaded electronically from the FileWave™ CustomerBoard and used together with the FileWave Software according to the "Portfolio Edition".

2. The "Enterprise Edition"

The “EE” - Portfolio always includes 1.a.) - 1.d.) and:

a.) FileWave™ Booster (Unix-Deamon or Windows Service) with all including features and functions

  • "FileWave™ Booster for Mac OS "fwbooster"
  • "FileWave Booster Monitor.app"
  • "FileWave™ Booster for Windows "fwbooster.exe"
  • “FileWave Booster Monitor.exe”
  • "FileWave™ Booster for LINUX: "fwbooster"

The Software listed under 2.a.) shall be duplicated and distributed as one package for simultaneous use at your local site for the maximum number of boosters specified for the "Portfolio Edition" in the purchase order submitted to FileWave Company to license this product.

3. The "Education Edition"

The “EDU” - Portfolio always includes 1.a.) - 1.d.) and 2.a.).

4. Modification

You may not modify, transfer, reverse engineer, decompile, create other works from, or disassemble the Software. Similarly, you may not copy, modify, adapt, transfer, or create other works based upon the documentation.

5. Copyright

The Software and any accompanying documentation or written materials (the "Documentation") is copyright protected. You may make one copy of the Software for backup purposes only, provided that you include the FileWave Company, FileWave Software copyright notice on the backup copy.

6. Transfer

You shall not transfer, convey, rent, sublicense, or otherwise distribute the software or Documentation, or any right therein to any person or entity. Any attempt to so distribute the Software or Documentation shall be void.

7. Term

This license is effective until terminated. You may terminate the license at any time by returning the Software and all Documentation to FileWave and by removing the Software from the memory and disk storage of the computers into which the software has been transferred. The Licensor will terminate this License immediately and without notice in the event that you fail to comply with any term or condition hereof. Upon any termination, you will return to Licensor, at your expense, the Software and Documentation and any copies thereof whether or not the copying was authorised.

8. Anonymous Data Collection

FileWave Software may collect and send anonymous data for the purposes of service and product planning and/or license enforcement.

9. Warranty disclaimer, Limitation of Remedies and Damages.

The software and accompanying written materials are licensed "as is". In no event will FileWave (USA) Inc., FileWave (Europe) GmbH, FileWave Financial Services GmbH, FileWave International Holding AG, or its officers, employees, or affiliates be liable to you for any consequential, incidental or indirect damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the software or accompanying written materials even if FileWave or an authorized FileWave representative has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. FileWave’s liability to you for actual damages for any causes whatsoever, and regardless of the form of the action, will be limited to the license price of the software.

10. Miscellaneous

If you are a U.S. Government end-user, this license of the Software conveys only "RESTRICTED RIGHTS," and its use, disclosure and duplication are subject to Federal Acquisition Regulations, 52.227-7013. This License will be construed under the laws of the state of California, except for that body of law dealing with conflicts of law, if obtained in the U.S., or the laws of jurisdiction where obtained, if obtained outside the U.S. If any provision of this License is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extend permissible, and the remaining provisions of this license will remain in full force and effect.

11. Patent registration

FileWave and all the FileWave logos are trademarks of FileWave and may be registered in certain jurisdictions. FileWave is patented in the United States of America under patent number: 7,904,900 and in Eurasia under the patent number: 012550. In the rest of the World FileWave is patent pending.

All content on this site is for general information purposes only, and although we try to keep this content up-to-date and correct, we make no warranties, expressed or implied about the accuracy, reliability, suitability or availability with respect to the website, its content or related graphics it contains for any purpose. The content provided on this site is on an ‘as is’ and ‘as available’ basis. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage; including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Effective February 1, 2016

FileWave (Europe) GmbH, and FileWave (USA), Inc. (collectively referred to as "FileWave") provide business, education, and government customers with industry-leading systems management software to effectively, and efficiently, secure and manage devices, applications, and content from one easy-to-use console. FileWave is a complete cross-platform systems management solution that covers both client (desktop) and mobile devices. The privacy considerations for customers who license the FileWave software to perform enterprise-wide mobile device management ("Customers") and the privacy considerations for those on whose mobile devices are being managed ("Individuals") are discussed in this Policy.

Protection of your privacy and personal data is an important matter to us. This statement is intended to inform our Customers, visitors to our website [Filewave.com], and other interested individuals as to the nature, scope and purpose of any collection, use and processing of information and data recorded or received by us. This Privacy Policy applies to all of our software and services.

To make sure that your personal information remains confidential, we communicate this privacy policy to every FileWave employee.

FileWave's principal office and data controller is:

FileWave (Europe) GmbH, St. Gallerstrasse 1, CH-9500 Wil, Switzerland. [Fax: +41 (0) 71-914-30-81]

FileWave's primary office in the United States is:

FileWave (USA), Inc., 7320 E. 86th Street, Indianapolis, IN 46256, United States. [Fax: +1 (317) 755-0944].

You may contact FileWave with any inquiries or complaints through either of these two offices or by emailing our privacy department.

Should you provide information by which you can be identified when using FileWave's software and/or services or when engaging with us or when using FileWave's website, your personal information will only be used in accordance with this privacy statement. Unless otherwise agreed to in writing by FileWave, by using the Website, the Mobile Apps or the Services, you will be deemed to have consented to the terms and conditions set forth in this Privacy Policy, including (without limitation), the collection, use and disclosure of your personal information by FileWave.

Data Collection

Like most internet services, FileWave's website gathers some information automatically for log files, such as ISP, IP address, browser type, regional information (language, time zone, and date and time information), referring and exit websites, and OS. This information is used to manage the site and improve our services across global regions and demographics. FileWave may share this information with our internal marketing department.

When you browse FileWave's website, you are able to do so anonymously. Generally, we don’t collect personal information when you browse — not even your email address. Your browser, however, does automatically tell us the type of computer and operating system you are using. The FileWave website does use "cookie" technology.

When you create an Alliance account, download software, or register for an evaluation Alliance account, we may collect a variety of information, including name, organization name, address, phone number, email address, and organization size.

Monitoring Information. The levels of communication and monitoring functionality between your mobile device or smartphone and the FileWave Console is selected by our Customer who is typically your employer or the company for whom you work as an independent contractor or consultant.

In some instances, our Customer asks us to host the FileWave Console and in other instances our Customer hosts the FileWave Console. When FileWave hosts the FileWave Console, we may collect and/or track certain information that is derived from your usage of the mobile device and may perform other functions.  From this console, the administrator can perform partial or complete erasure of data on your device, including restoring the device to its factory default. The information collected and tracked by the FileWave Console depends upon the system configurations chosen by our Customer.

The portions of the FileWave software that allow smartphones and mobile devices to be monitored by the FileWave Console run in the background of the devices. Individuals are notified that these functions may occur, but may not be aware when these functions are occurring in real time. This information is all made available to our Customer via the FileWave Console for our Customer’s use in accordance with its own business uses. Some of the information FileWave collects allows us to perform our support obligations.

FileWave and our partners use cookie and other technologies to remember personal information when visiting websites. Knowing this information helps personalize your experience and offer better customer service. To disable cookies, simply use your browser’s privacy settings to disable cookies. Please note that many features of the website will not be available with cookies disabled. 

If you use the FileWave Software, or use a device upon which FileWave has been installed, the following information may be collected:

  • Device phone number
  • Currently logged on user
  • Unique Device identifiers (Serial, IMEI, WWAN, MAC)
  • Previously installed software
  • Currently installed software
  • Application usage (times launched and when)
  • Device location (Potentially using; GPS, WiFi, iBeacon, IP, or other technologies)
  • Device Name

Emails sent and websites of FileWave may use pixel tags or trackable links. This is to help FileWave better gauge interest and confirm whether emails have been opened. If you prefer not to be tracked, do not click links or images in emails.

Where we store your Personal Information

The data that is intentionally or unintentionally sent to FileWave may be transferred to, and stored at, various secure locations within or outside of the European Economic Area ("EEA") or the United States ("US"). It may also be processed by staff who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details, and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Uses made of the Information

We use information about you in the following ways.

Information you give to us.

We will use this information to:

  • Fulfill our obligations arising from any contracts entered into between you and us, and to provide you with the information, products and services that you request from us.
  • Ensure that content from our site is presented in the most effective manner for you and for your device.
  • Notify you about changes to our service.
  • Provide you with information about other goods and services we offer that are similar to those that you have already purchased or inquired about.

Information we collect about you.

We will use this information to:

  • Administer our site and for internal operations; including troubleshooting, data analysis, testing, research, statistical and survey purposes.
  • Improve our site to ensure that content is presented in the most effective manner for you and for your device.
  • Keep our site safe and secure.
  • Help us improve the services we provide.
  • Send promotional emails about our products, and services or other information which we think you may find interesting.
  • Respond to any inquiry you have sent to us.

Information we receive from other sources. We may combine information we receive from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above.

We will not sell, distribute or lease your personal information to third parties unless we have your permission. If you have submitted information to us and wish to have it removed from our internal records, please contact us.

Disclosing Personal Information

We may share Personal Information with FileWave subsidiaries or Business Partners to carry out transactions you request, to make our products and services more responsive to your needs, to provide you with information about FileWave and FileWave branded products and services, or for research and analysis. We may also disclose Personal Information in connection with legal orders from law enforcement or other government bodies; as required by law or regulation; to protect the rights of our customers, the public, or others; to protect our own legal rights and responsibilities; or with your consent.

In addition, we may share Personal Information with Business Partners that help FileWave or our subsidiaries carry out transactions you request, customize, analyze and/or to improve our communications or business relationship with you. Such Business Partners may include a payment processor to bill you for services and an email service provider to send out emails or newsletters on our behalf. These communications may include requests relating to our products or services.

We will only share Personal Information with Business Partners who share our commitment to protecting your Personal Information, either by subscribing to recognized Privacy Principles or by written agreement to provide at least the same level of privacy protection as is required by the relevant legal and governmental authorities.

The use, collection and disclosure of personal information may involve FileWave transferring personal information across borders. If this occurs, we will comply with all applicable trans-border data flow privacy laws. We may share information with a purchaser of all or part of the companies comprising FileWave or FileWave subsidiaries.

We may aggregate, de-identify and/or anonymize information so that it does not identify you, and share that and other non-Personal Information with third parties for any purpose.

FileWave may provide a number of links to third party sites. FileWave assumes no responsibility for the information practices of sites a visitor is able to access through ours, and we encourage visitors to review each site’s privacy policy before using or disclosing any personal information on such third party sites.

Accountability

FileWave is responsible for personal information under its control, and will take all reasonable steps to handle such personal information fairly and to ensure compliance with applicable laws in relation to the collection, use, disclosure and protection of personal information.

In order to oversee overall compliance with this Privacy Policy and with applicable personal information protection laws, FileWave has designated a Privacy Officer. Contact information for FileWave's Privacy Officer can be found at the end of this Privacy Policy.

Please note that if you are a business, education or government customer or any other type of organization using FileWave products, you are responsible for the legal collection and use of personal information of individuals within your organization, in accordance with the principles set out in your privacy policy and the applicable laws in the countries and jurisdictions in which you operate. FileWave is not responsible for your privacy practices and policies.

Retention

FileWave will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required for legal or business purposes. After this time, any personal information you have provided to us will be destroyed, deleted or made anonymous. If you have an account with FileWave, and you are no longer a customer, your account will be put into a non-customer mode. You may still log in and remove your account’s personal information, or you may submit a written request to us to remove it.

Accuracy

FileWave will make reasonable efforts to ensure that the personal information collected and used by us is accurate, complete, and up-to-date to meet the purposes for which it is collected and used. FileWave does not routinely update personal information unless it is necessary to meet the purposes for which it is collected. FileWave therefore relies on you to keep your personal information accurate and current.

You may request correction to your personal information in order to ensure its accuracy and completeness. Any request to correct personal information must be made in writing to FileWave's Privacy Officer and must provide sufficient detail to identify the personal information and the correction being sought. If you have an account with FileWave, you can update your own information by logging in to your "settings".

If your personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any third party to whom we disclosed the personal information in the previous year. If the correction is not made, we will note your correction request in the relevant records.

Openness

This Privacy Policy is available to the public on our Website, so that information about our policies and practices relating to the management of information is readily available to everyone.

In the event that FileWave has provided you with a translation of the English language version of this Privacy Policy, then you agree that the translation is provided for your convenience only; that the English language version of the Privacy Policy governs your relationship with FileWave; and, if there is any contradiction between what the English language version of the Privacy Policy and the translation says, that the English language version shall take precedence.

Requests for Access

You have the right to access your personal information, subject to limited exceptions under applicable laws, disclosure that would reveal personal information about another person, legal obligations and proprietary rights. FileWave's Privacy Officer will assist you with your request. This includes:

  • Identification of and access to any or all of your personal information under FileWave's custody or control.
  • An explanation of how that personal information is or has been collected, used or disclosed by FileWave.
  • The names of any individuals and organizations to which your personal information has been disclosed by FileWave.

All requests should be made in writing (by mail, fax or email), provide sufficient detail to identify the information being sought, and be directed to FileWave's Privacy Officer. FileWave's Privacy Officer may require further information defining the request more succinctly.

We will respond to written requests within thirty (30) days of receiving such request. We will either make the requested information available within that time period, or, where additional time is required to fulfill the request, provide written notice of an extension. If FileWave cannot fulfill your request in full or in part, you will be provided with a response in writing that documents the reason for refusal and the recourse available to you.

A minimal fee may be charged for providing access to personal information, where permitted under applicable law. Where a fee applies, we will inform you of the cost, and request further directions from you on whether or not we should proceed with your request.

Opt-Out

FileWave Customers may request to "opt out" regarding retention of Personal Information, and whether their personal information will be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized; and have the data deleted. Information about a Customer may be exempted from deletion if this is required by law, or is required for accounting and audit purposes.

Information regarding Individuals is generally controlled by the Customer by whom the Individual is employed or for whom the Individual serves as a consultant or contractor. In such cases, any opportunity to change information or "opt out" is between the FileWave Customer and the Individual.

Complaint Procedure

Complaints, concerns or inquiries about FileWave's privacy policies and practices, including compliance with this Privacy Policy, should be made in writing to:

Privacy Officer:
FileWave (Europe) GmbH, St. Gallerstrasse 1, CH-9500 Wil, Switzerland. [Fax: +41 (0) 71 914 30 81], or
FileWave (USA), Inc., 7320 E. 86th Street, Indianapolis, IN 46256, United States. [Fax: +1 (317) 755-0944].

Or

Email our privacy department.

Specific details about the inquiry or complaint must be provided. All complaints will be investigated and will be responded to in accordance with the section above as well as applicable laws. If the FileWave Privacy Officer is unable to address your concerns, the issue may be escalated to the office of the CEO or to the relevant Privacy Commissioner or similar regulatory authority for your jurisdiction.

Effective Date and Updates

FileWave's Privacy Policy was initially published effective January 2002. An update to this Privacy Policy was made in February, 2016. This update included the following material changes:

  • We included information about Mobile Apps and the addition of location services for the first time;
  • We provided more information about what personal information we collect and why;
  • We specified the limited circumstances in which we may collect, use or disclose personal information without your knowledge or consent;
  • We identified that implied consent may be valid for the collection, use or disclosure of certain personal information; and
  • We added greater detail to various sections so that our policies and practices were made clearer.

Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

Legal

All Images, Icons and logos copyright of their respective owners.

Apple and the Apple with a bite are worldwide trademarks of Apple Inc.

Windows is a registered trademark of Microsoft Corporation.

Linux® is the registered trademark of Linus Torvalds.

Android is a trademark of Google Inc.

The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

Overview

FileWave is committed to ensuring that complaints and disputes concerning FileWave's privacy practices are investigated and resolved. For this reason, we have developed a privacy complaint handling procedure. It is our intention to resolve all complaints through this procedure.

For questions, comments, or concerns regarding the protection of your personal information, send us an email.

Complaint Handling Process

FileWave respects your privacy and if you have submitted a concern to FileWave, we have placed your issue into our Complaint Handling Process that is intended to investigate and take steps to resolve your concerns.

The following is a summary of how our process works:

Step 1: Complete and submit the online Privacy Complaint Form or fax the information to +1 (317) 755-0944 (U.S.) or to +41 (0) 71-914-30-81 (Switzerland).

Step 2: Receive a communication within one (1) business day from FileWave acknowledging receipt of your complaint.

Step 3: Receive a communication from a FileWave employee assigned to investigate your concern within three (3) business days from the day you receive the communication from FileWave acknowledging receipt of your complaint.

Step 4: FileWave will conduct an investigation into your complaint. During this process, you may receive additional communications from the FileWave investigator.

Step 5: The investigator will contact you within fifteen (15) business days from the date he or she first contacted you with a proposed resolution to your concern. If you agree with the proposed resolution, you and the investigator will work together to close the matter. If you do not agree, the matter will be escalated to FileWave's Chief Executive Officer.

Step 6: If you and the investigator cannot resolve your concern, the FileWave Corporate Privacy Leader will take steps to resolve the matter. Within ten (10) business days of the escalation, FileWave's Chief Executive Officer will contact you to propose a resolution.

Step 7: If you agree to the resolution, you will work with FileWave's Chief Executive Officer to close the matter.

Step 8: If you and FileWave's Chief Executive Officer do not agree to a resolution, we will offer you the opportunity to take the matter to an independent third party for resolution.

We recognize that there may be instances where resolution through our internal procedures is not achievable, or where complainants may wish to avail themselves of alternative dispute resolution mechanisms.

The dispute resolution process shall be conducted in English.

You may submit your concern below.

Contact FileWave's Privacy Department


Written Inquiries

Please send all written inquiries to:

Privacy Officer

FileWave (Europe) GmbH, St. Gallerstrasse 1, CH-9500 Wil, Switzerland. [Fax: +41 (0) 71-914-30-81]

FileWave (USA), 7320 E. 86th Street, Indianapolis, IN 46256, United States. [Fax: +1 (317) 755-0944]