−Removed: The Company is a 25-year veteran
−Removed: in Business Continuity services, providing Disaster Recovery as a Service (“DRaaS”), Infrastructure as a Service (“IaaS”),
−Removed: Cyber Security as a Service (“CSaaS”) and Data Analytics as a Service.
−Removed: We provide our clients subscription based, long term
−Removed: agreements for Disaster Recovery as a Service solutions, Infrastructure as a Service products, telecommunications solutions, and high
−Removed: processing on site computing power and software solutions.
−Removed: While a significant portion of our revenue has been subscription based, we
−Removed: also generate revenue from the sale of equipment and software for cybersecurity, data storage, IBM Power systems equipment and managed
−Removed: service solutions.
−Removed: Headquartered in Melville, NY,
−Removed: we provide solutions and services to a broad range of customers in several industries, including healthcare, banking and finance, distribution
−Removed: services, manufacturing, construction, education, and government.
−Removed: We maintain an internal business development team as well as a contracted
−Removed: independent distribution channel.
−Removed: DSC’s contracted distributors have the ability to provide disaster recovery and hybrid cloud solutions
−Removed: and IBM and Intel Infrastructure as a Service cloud-based solutions, without having to invest in infrastructure, data centers or telecommunication
−Removed: services or, in specialized technical staff, which substantially lowers the barrier of entry for the distributor to provide our solutions
−Removed: to their client base.
−Removed: During 2020, we added new distributors,
−Removed: hired additional management focused on building our sales and marketing distribution, and expanded our technology assets in Dallas, TX.
−Removed: We also recently expanded our offering of cybersecurity solutions for remote tele-computing with ezSecurity™, a new 2020 product.
−Removed: Our target marketplace for Infrastructure
−Removed: as a Service and Disaster Recovery as a Service globally is estimated at over one million Virtual IBM Power servers in the finance, retail,
−Removed: healthcare, government, and distribution industries and sectors according to the most recent information received from IBM.
−Removed: While Infrastructure
−Removed: as a Service and Disaster Recovery as a Service solutions are our core products, we also continue to provide ancillary solutions in this
−Removed: For the past two decades, our
−Removed: mission has been to protect our clients’
−Removed: data twenty-four hours a day, ensuring business continuity, and assisting in their compliance
−Removed: requirements, while providing better management and control over the clients’
−Removed: digital information.
−Removed: Our October 2016 acquisition
−Removed: of the assets of ABC Services, Inc.
−Removed: and ABC Services II, Inc.
−Removed: (collectively, “ABC”), including the remaining 50% of the assets
−Removed: of Secure Infrastructure & Services LLC, accelerated our strategy into cloud based managed services, expanded cybersecurity solutions
−Removed: and our hybrid cloud solutions with the ability to provide equipment and expanded technical support.
−Removed: We intend to continue our strategy
−Removed: of growth through synergistic acquisitions.
−Removed: Our offices in New York include
−Removed: a technology center and lab, which are adapted to meet technology needs of the Company’s clients.
−Removed: In addition to office staffing,
−Removed: we employ additional remote staff.
−Removed: DSC maintains its infrastructure, storage and networking equipment required to provide our subscription
−Removed: solutions in four geographically diverse data centers located in New York, Massachusetts, Texas and North Carolina.
−Removed: Our Continuing Strategy
−Removed: DSC derives its revenues from
−Removed: long-term subscriptions, and professional services contracts related to the implementation of solutions that provide protection of mission
−Removed: critical data and equipment.
−Removed: In 2009, DSC’s revenues consisted primarily of data vaulting, de-duplication, continuous data protection
−Removed: and cloud disaster recovery solutions, and protecting information for our clients.
−Removed: In 2010, we expanded our solutions
−Removed: based on the asset acquisition of SafeData, a provider of disaster recovery and business continuity for the powerful IBM servers, Power
−Removed: i AS400 / AIX.
−Removed: The Safe Data acquisition provided the ability to provide a solution to a specialized IBM community with limited competition,
−Removed: a higher average revenue per client and a global marketplace.
−Removed: In August 2012, DSC entered into
−Removed: a Joint Venture Partnership with an IBM partner, ABC Services, Inc.
−Removed: to provide an IBM Infrastructure as a Service (IaaS) offering, marketed
−Removed: under the name Secure Infrastructure & Services LLC (“SIAS”), a New York limited liability company.
−Removed: In October 2016, DSC
−Removed: purchased the assets of ABC, which included the remaining 50% of the assets of SIAS, launching the Company into managed services, Cyber
−Removed: Security, Equipment and Software.
−Removed: Building on the requirement of
−Removed: our clients for access to cloud services, and with the growing requirement of Voice over Internet Protocol (“VOIP”), on October
−Removed: 19, 2017, we formed a new division, Nexxis, to provide VOIP and carrier services.
−Removed: Our Differentiation
−Removed: on delivering strategic outcomes :
−Removed: Clients see value with our focus on solving strategic business problems.
−Removed: Our services are intended
−Removed: to allow clients to maintain business operations in a time of disaster, scale to meet their demands and focus on growing their business.
−Removed: that support multicloud :
−Removed: Clients are able to run applications or DRaaS services requiring IBM Power systems in the Data Storage Cloud
−Removed: with seamless connectivity to other cloud partners and providers for their specialized services providing a true multicloud experience.
−Removed: The expertise and commitment to client support provide by our support and service experts in IBM Power Systems, Storage,
−Removed: Networking, Backup and Recovery, High Availability System replication and Business Continuity.
−Removed: This allows us to maintain a competitive
−Removed: advantage in our industry.
−Removed: client relationships :
−Removed: Beginning early on in the relationship, we work with our clients identifying and solving critical business problems.
−Removed: We carry that through with careful planning and management of the migration and configuration process, continuing the relationship and
−Removed: advising our clients long after the services have been implemented.
−Removed: For the year ended December 31, 2020, we had a Value-Added Reseller
−Removed: with multiple clients accounting for 15% of our revenue and 94% of client subscriptions renewed their solutions with the Company after
−Removed: their initial contract term expired.
−Removed: relationships :
−Removed: We increase revenue and drive growth for our partners by developing and managing collaborative solutions as
−Removed: well as joint marketing initiatives.
−Removed: We have a diverse community of partners, ranging from IBM Business Partners, Software Vendors,
−Removed: application support providers, consultants, and other cloud providers.
−Removed: Growth Strategies
−Removed: order to continue to drive growth and capture our large market opportunity, key elements of our growth strategies include:
−Removed: offerings and service expertise.
−Removed: We have developed several service offerings that solve a wide spectrum of critical business
−Removed: Services including, Disaster Recovery, Infrastructure as a Service, Managed Cyber Security, Managed System
−Removed: Services and Monitoring and Migration Services for Microsoft Windows, Linux, IBM I, and AIX environments with a specialization
−Removed: on IBM i and AIX on Power Systems.
−Removed: Build out and support a robust
−Removed: partner channel;
−Removed: Effectuate standardized,
−Removed: repeatable offerings;
−Removed: Conduct inbound marketing
−Removed: through search engine optimization (SEO), white papers, blogs, case studies;
−Removed: Focus on client experience,
−Removed: client retention and referrals.
−Removed: sales execution :
−Removed: We plan to continue executing on several sales initiatives that are designed to drive continued growth in
−Removed: our business.
−Removed: geographic reach :
−Removed: We believe there is significant need for our solutions on a global basis and, accordingly, opportunity for
−Removed: us to grow our business through international expansion as these markets increase their use of multicloud solutions.
−Removed: and expand our partner ecosystem :
−Removed: We benefit from close relationships with our cloud partners, allowing us to provide comprehensive
−Removed: services to our customers, and providing us with a source of new business opportunities and inputs for future product roadmaps.
−Removed: strategic acquisitions :
−Removed: We intend to continue to explore potential transactions that could enhance our capabilities, increase
−Removed: the scope of our technology footprint or expand our geographic reach.
−Removed: and the Industry
−Removed: believe businesses are increasingly under pressure to improve the proficiency of their information and storage systems accelerating
−Removed: the migration from self-managed IT solutions to fully managed multicloud technologies in order to reduce cost and compete effectively.
−Removed: These trends create an opportunity for cloud technology service providers.
−Removed: DSCs market opportunity is derived from the
−Removed: demand for fully managed cloud services across all major operating systems.
−Removed: According to the Gartner Forecast:
−Removed: IT Services, Worldwide,
−Removed: 2018-2024, 2Q20 Update, the managed services and cloud infrastructure services market worldwide is estimated to be $410 billion
−Removed: in 2020 and is expected to grow 7% annually to $502 billion in 2023.
−Removed: Services with on-demand availability of computer storage and network resources have revolutionized how companies manage their
−Removed: information technology systems and applications, providing businesses with greater flexibility and lower costs.
−Removed: Over the past
−Removed: several years, businesses have increasingly adopted cloud solutions to drive cost, scale, reliability benefits, increasingly turning
−Removed: to the use of more than one cloud solution at a time (which is referred to as multicloud) to enhance performance, ensure redundancy
−Removed: and resilience and provide for increased security, compliance and governance.
−Removed: believe that both modern and legacy technologies require specialized expertise.
−Removed: Many companies lack the in-house resources
−Removed: to navigate the complexity of all this technology or manage multiple cloud instances.
−Removed: We believe this creates an opportunity for
−Removed: a cloud services provider that enables businesses to fully embrace the power of multicloud technologies and, together, deliver
−Removed: incredible customer experiences.
−Removed: Our Mission :
−Removed: clients to Infrastructure as a Service, to update clients’
−Removed: Disaster Recovery as a Service and cyber security, and to provide clients
−Removed: data analytics.
−Removed: We also aim to assist our clients in the migration and continued day to day management, and in leveraging multicloud information
−Removed: technology, while meeting expectations for cyber security support, price and value.
−Removed: Core Services :
−Removed: We provide an array of multicloud information technology solutions in highly secure, enterprise level cloud
−Removed: services for companies using IBM Power systems, Microsoft Windows and Linux.
−Removed: Specifically, our support services cover:
+Added: The Industry and Opportunity
+Added: Data Storage Corporation provides Cloud Managed Services and technologies
+Added: across multiple platforms.
+Added: The Company’s technical assets are located in geographically diverse Tier 3 compliant data centers throughout
+Added: the USA and Canada.
+Added: Hybrid and Multi-Cloud have
+Added: become mainstream technological offerings of the Cloud Managed Services industry as companies have moved away from legacy, on-premise
+Added: technology solutions.
+Added: This approach is growing more complex, as companies utilize disparate technical environments, including on-premises
+Added: equipment and software, multi-clouds interfacing with Software as a Service providers, Amazon AWS and others while focusing on the remote
+Added: employee or contractor for higher levels of security is driving growth in managed cloud services.
+Added: Cloud Managed Service Providers
+Added: assist businesses in achieving their desired security levels, technical cloud infrastructure and financial objectives while optimizing
+Added: the value of these technologies and cloud resources through multi-cloud management, ensuring business continuity, governance, and operational
+Added: efficiencies.
+Added: This is a five hundred-billion-dollar
+Added: One subset, a highly-focused segment of the Company, is IBM Power cloud infrastructure and disaster recovery.
+Added: Globally estimated
+Added: at over one million virtual IBM Power servers.
+Added: According to the most recent information received from IBM typical industries utilizing
+Added: IBM Power servers are finance, retail, healthcare, government, and distribution organizations.
+Added: The Company is a leader in providing IBM Power cloud
+Added: infrastructure, disaster recovery and the creation of unique offerings for over 15 years.
+Added: The opportunity, for the Company, in the IBM Power
+Added: server portfolio segment is to capture a share of this annual recurring revenue marketplace that is currently under migration to cloud
infrastructure.
−Removed: Recovery as a Service
−Removed: Security as a Service
−Removed: Analytics as a Service
−Removed: Recovery Solutions:
−Removed: We offer a variety of data protection and disaster recovery solutions services designed to meet our
−Removed: clients requirements and budgets.
−Removed: Backup and Data Vaulting :
−Removed: Our ezVault™
−Removed: business-to-business data backup and date vaulting
−Removed: solution consists of high-speed cloud enterprise storage, de-duplication, and compression, backup and restore services which automatically
−Removed: scale in size with data growth.
−Removed: Our ezVault solution is typically accompanied by a service level agreement (SLA),
−Removed: such as our ezRecovery™
−Removed: Disaster Recovery as a Service solution.
−Removed: Server Services :
−Removed: Our ezRecovery™
+Added: The Company believes businesses
+Added: are increasingly under pressure to improve the proficiency of their information and storage systems accelerating the migration from self-managed
+Added: technical equipment and solutions to fully managed multi-cloud technologies to reduce cost and compete effectively.
+Added: These trends create
+Added: an opportunity for cloud technology service providers.
+Added: The Company’s market
+Added: opportunity is derived from the demand for fully managed cloud and cybersecurity services across all major operating systems.
+Added: The Company’s target
+Added: is the $46.7 billion marketplace in the United States and Canada of this overall, projected $1 trillion global marketplace.
+Added: According to Fortune Business
+Added: Insights, the Cloud Managed Services industry in North America was $16.3 billion in 2019 and has been growing at a rate of 13.8% CAGR
+Added: bringing us to $24 billion by the end of 2022.
+Added: Disaster Recovery is projected to be a $3.6 billion in the US by the end of 2022 which
+Added: is 35% of the $10.3 billion globally based on Grandview Research Disaster Recovery Solutions Market Size report.
+Added: Cyber Security, specifically
+Added: the MDR segment, is an established market recognized by buyers .
+Added: Gartner observed a 35% growth in end users’ inquiries
+Added: on the topic in the last year.
+Added: Gartner estimates that by 2025, the MDR market will reach $2.15 billion in revenue, up from $1.03 billion
+Added: in 2021, for a compound annual growth rate (CAGR) of 20.2%.
+Added: The Company’s VOIP solutions fit well into this steadily growing
+Added: segment which is expected to reach $90 billion worldwide in 2022 with a CAGR of 3.1% with $17 billion in the US according to Globe Newswire
+Added: Market Analysis and Insights:
+Added: Global VoIP Market.
+Added: Data and Analytics is another market that is growing rapidly and the Company
+Added: is breaking into, according to Globe Newswire this market was valued at $198 billion in 2020 and with a projected 13.5% CAGR we see this
+Added: hitting $263 billion by the end of 2022 and based on the Big Data Business Analytics market share report posted on statista.com the US
+Added: has 51% of that growth.
+Added: Company is positioned to support this growth, in the IBM Power multi-cloud marketplace as businesses continue to migrate towards this
+Added: Company has designed and built its solutions and services to support the demanding IBM Power System workload, manage hybrid cloud deployments
+Added: and continue to provide solutions that keep data and workloads protected from disasters and security attacks.
+Added: Company Overview
+Added: Data Storage Corporation, headquartered in Melville,
+Added: New York, with its three subsidiaries, DSC, Flagship Solutions LLC and Nexxis, Inc., provides solutions and services to a broad range
+Added: of clients in several industries, including healthcare, banking and finance, distribution services, manufacturing, construction, education,
+Added: and government.
+Added: The subsidiaries maintain business development teams, as well as independent distribution companies.
+Added: As an example, the
+Added: Company’s distribution channel of companies provides long-term subscription-based disaster recovery and cloud infrastructure without
+Added: investing in the infrastructure, data centers, telecommunications or specialized technical staff, which substantially lowers their barrier
+Added: of entry in providing these solutions to their client base.
+Added: The distribution company has typically provided equipment and software.
+Added: a client’s awareness in 2021 of the ability to migrate to an IBM Power cloud infrastructure and disaster recovery affords the distributor
+Added: the ability to maintain the client and create an annuity year after year.
+Added: To further support that awareness, over 55,000 visitors arrived
+Added: at the Company’s website in 2021.
+Added: During 2021, based on the May capital raise and the
+Added: up list to Nasdaq, the Company added distribution, business development representatives, marketing, and technical personnel.
+Added: continues to be focused on building the Company’s sales and marketing strategy and expanding its technology assets throughout its
+Added: data center network.
+Added: The Company’s business offices are located in
+Added: New York and Florida.
+Added: The offices include a technology center and lab, adapted to meet the technical requirements of the Company’s
+Added: The Company maintains its own infrastructure, storage, and networking equipment required to provide subscription solutions in
+Added: seven geographically diverse data centers located in New York, Massachusetts, Texas, Florida and North Carolina, and in Canada, Toronto,
+Added: and Barrie, serving clients in the United States and Canada.
+Added: The Company’s business continuity solutions
+Added: allow clients to quickly recover from system outages, human and natural disasters, and cyber security attacks, such as Ransomware.
+Added: Company’s managed cloud services begin with migration to the cloud and provide ongoing system support and management that enables
+Added: its clients to run their software applications and technical workloads in a multi-cloud environment.
+Added: The Company’s cyber security
+Added: offerings include comprehensive consultation and a suite of data security, disaster recovery, and remote monitoring services and technologies
+Added: that can be incorporated into the Company’s cloud solutions or be delivered as a standalone managed security offering covering the
+Added: client site endpoint devices, users, servers, and equipment.
+Added: Solution architects and the Company’s business
+Added: development teams work with organizations identifying and solving critical business problems.
+Added: The Company carefully plans and manages
+Added: the migration and configuration process, continuing the relationship and advising its clients long after the services have been implemented.
+Added: As of this filing, the Company has proposals outstanding of approximately $20 million in total contract value;
+Added: and, total proposals outstanding
+Added: for subscriptions solutions of approximately $14 million in total contract value.
+Added: Reflecting on client satisfaction, the Company’s
+Added: renewal rate on client subscription solutions is approximately 94% after their initial contract term expired.
+Added: The Company provides its clients subscription-based, long-term agreements
+Added: for cloud disaster recovery, cloud infrastructure, telecommunications solutions, and high processing on-site computing power and software
+Added: While a significant portion of the Company’s revenue has been subscription-based, it also generates revenue from the
+Added: sale of equipment and software for cybersecurity, data storage, IBM Power systems equipment and managed service solutions.
+Added: filing the Company has a backlog of over $500,000 in Annual Recurring Revenue (ARR) and equipment and software backlog of approximately
+Added: The Company will continue to drive revenues by expanding
+Added: distribution channels.
+Added: The Company will continue to build upon its social and digital lead generation programs.
+Added: Further, the Company will
+Added: continue to seek synergetic acquisitions that expand distribution, leading a technology trend, add to its existing technical staff and
+Added: create economies of scale improving gross profit margins.
+Added: The Company increases revenue
+Added: and drives growth by developing and managing collaborative solutions as well as joint marketing initiatives.
+Added: The Company has a diverse
+Added: community of distribution partners, ranging from IBM Business Partners, Software Vendors, application support providers, consultants,
+Added: and other cloud infrastructure providers.
+Added: The Company believes there
+Added: is a significant need for its solutions on a global basis and, accordingly, the opportunity for it to grow its business through international
+Added: expansion as these markets increase their use of multi-cloud solutions.
+Added: The Company’s Core
+Added: The Company provides an array of multi-cloud information technology solutions in highly secure, enterprise-level cloud services
+Added: for companies using IBM Power Systems, Microsoft Windows, and Linux.
+Added: Specifically, the Company’s support services cover:
+Added: Cloud Infrastructure
Disaster Recovery as a Service
−Removed: solution offers organizations that require a faster recovery timeframe data vaults combined with our standby server computing,
−Removed: storage, and network infrastructure resources to help ensure a faster recovery time.
−Removed: High Availability Services :
−Removed: ezAvailability™
−Removed: solution offers reliable, high availability and business continuity for mission critical applications with Recovery
−Removed: Time Objective under fifteen minutes and near zero Recovery Point Objective, with optional, fully managed real-time replication services.
−Removed: Our ezAvailability service consists of a full-time enterprise system, storage, and network resources, allowing quick and easily switched
−Removed: production workloads to our cloud when needed.
−Removed: Our ezAvailability services are backed by a Service-Level Agreement (“SLA”)
−Removed: to help assure performance, availability, and access.
−Removed: Data Mirroring Services:
−Removed: Our ezMirror™
−Removed: solution provides replication services that mirror the clients’
−Removed: storage systems and allows for recovery in our
−Removed: I-a-a-S –
−Removed: Full Cloud Infrastructure Production
−Removed: Our ezHost™
−Removed: solution offers full cloud-based production systems from our data center
−Removed: facilities and a selection of disaster recovery solutions to meet the client’s expectations on their compute power and recovery
−Removed: ezHost provides full-time, scalable compute, storage, and network infrastructure resources to run clients’
−Removed: on our enterprise class infrastructure.
−Removed: ezHost replaces the cost of support, maintenance, system administration, space, power and cooling
−Removed: of the typical hardware on-premises systems with a predictable monthly expense.
−Removed: Our ezHost services are backed by a SLA governing performance,
+Added: Cyber Security as a Service
+Added: Data Analytics as a Service
+Added: Solutions and Services
+Added: Cyber Security Solutions:
+Added: The Company’s
+Added: ezSecurity™ solution offers a suite of comprehensive cyber security products that can be utilized on systems at the client’s
+Added: location or on systems hosted in the Company’s cloud.
+Added: These offerings include fully managed endpoint (PCs and other user devices)
+Added: security with active threat mitigation, system security assessments, risk analysis, and applications to ensure continuous security.
+Added: contains a specialized offering for protecting and auditing IBM systems including a package designed to protect IBM systems against Ransomware
+Added: Data Protection and Recovery Solutions:
+Added: The Company offers a variety of data protection and disaster recovery solutions services designed to meet its clients’ requirements
+Added: solution is at the core of the Company’s data protection services and allows its
+Added: clients to have their data protected offsite with unlimited data retention in a secure location
+Added: that uses encrypted, enterprise-grade storage which allows for remote recovery from system
+Added: outages, human and natural disasters, and cyber security attacks like Ransomware and virus
+Added: allowing restoration of data from a known good point in time prior to an attack.
+Added: ● ezRecovery™
+Added: provides standby systems, networking, and storage in the Company’s cloud infrastructure
+Added: that allows for faster recovery from client backups stored using ezVault™ at the same
+Added: hosted location.
+Added: ● ezAvailability™
+Added: solution offers reliable real-time data replication for mission-critical applications
+Added: with Recovery Time Objective under fifteen minutes and near-zero Recovery Point Objective,
+Added: with optional, fully managed replication services.
+Added: The Company’s ezAvailability™
+Added: service consists of a full-time enterprise system, storage, and network resources, allowing
+Added: quick and easily switched production workloads to the Company’s cloud when needed.
+Added: The Company’s ezAvailability™ services are backed by a Service-Level Agreement
+Added: (“SLA”) to help assure performance, availability, and access.
+Added: solution provides replication services that mirror the clients’ data at the storage
+Added: level and allows for similar near-zero Recovery Point Objective as ezAvailability with less
+Added: application management and Recovery Time Objective under 1 hour.
+Added: Cloud Hosted Production Systems:
+Added: Company’s ezHost™ solution offers managed cloud services that removes the burden off system management from its clients
+Added: and ensures that their software applications and IT workloads are running smoothly.
+Added: ezHost™ provides full-time, scalable compute,
+Added: storage, and network infrastructure resources to run clients’ workloads on the Company’s enterprise-class infrastructure.
+Added: ezHost™ replaces the cost of support, maintenance, system administration, space, electrical power, and cooling of the typical hardware
+Added: on-premises systems with a predictable monthly expense.
+Added: The Company’s ezHost services are backed by an SLA governing performance,
availability, and access.
−Removed: Cybersecurity Solutions:
−Removed: Our ezSecurity™
−Removed: solution offers a suite of comprehensive cybersecurity products that can be utilized on systems at the client’s location or on systems
−Removed: hosted in the DSC cloud.
−Removed: These offerings include fully managed endpoint security with active threat mitigation, system security assessments,
−Removed: risk analysis and applications to ensure continuous security and auditing for IBM systems.
Voice & Data Solutions:
−Removed: our voice and data division, offers VoIP and data services over fiber optic networks to help keep businesses fully connected from any
−Removed: Nexxis provides, among other things, top of the line Polycom VVX color phone systems and the performance of download speeds
−Removed: of up to 40 GB.
+Added: our voice and data division, specializes in fully-managed VoIP, Internet Access, and Data Transport solutions that satisfy the requirements
+Added: of corporate and remote workforce.
+Added: Services are delivered over fiber optic, coaxial, and wireless networks to assist businesses fully
+Added: connected from any location.
+Added: Nexxis provides dedicated internet access with speeds of up to 10 Gbps, FailSAFE, a Cloud-first SD-WAN solution,
+Added: that delivers industry-leading connectivity to cloud services, cloud-based Hosted VoIP and Unified Communications that provide business
+Added: continuity and integration with Microsoft Teams.
+Added: Data Analytics:
+Added: Company’s trademarked Infralytics™ offering was developed to empower IT organizations to respond quickly and intelligently
+Added: to business-impact issues as they arise.
+Added: With Infralytics custom dashboards, a client can monitor physical servers,
+Added: virtual machines, network devices, applications, and services across multiple platforms – whether on-premises, virtual, or in the
+Added: It also allows the Company’s clients to gain enhanced visibility and control over their physical, virtual, and cloud IT infrastructure
+Added: via customized, interactive dashboards.
+Added: In addition, utilizing IBM’s Watson the Company is taking disparate data sources and
+Added: developing algorithms to provide greater insight into the aggregation of that data.
+Added: All of this is provided as a service with the
+Added: primary deliverable a real-time dashboard.
Corporate History
−Removed: On October 20, 2008, DSC consummated
−Removed: a share exchange transaction with Data Storage Corporation, a Delaware corporation, and DSC subsequently changed its name from Euro Trend
+Added: On October 20, 2008, the Company consummated a share
+Added: exchange transaction with Euro Trend Inc.
+Added: The Company subsequently changed its name from Euro Trend Inc.
to Data Storage Corporation.
−Removed: DSC acquired the assets of SafeData,
−Removed: LLC in June 2010, and the assets of Message Logic LLC, (“Message Logic”) in October 2012.
−Removed: In November 2012, DSC entered
−Removed: into a Joint Venture Partnership with an IBM partner, ABC Services, Inc.
−Removed: to provide an IBM Infrastructure as a Service (IaaS) offering,
−Removed: marketed under the name Secure Infrastructure & Services LLC (“SIAS”), a New York limited liability company.
−Removed: In December 2012, DSC was accepted
−Removed: as an IBM Service Provider for cloud solutions.
−Removed: In October 2016, DSC purchased
−Removed: the assets of ABC which included the remaining 50% of the SIAS.
−Removed: The result of these acquisitions
−Removed: and strategic alliances, combined with DSC’s legacy disaster recovery and business continuity solutions, positions DSC as a potential
−Removed: leader in business-to-business disaster recovery as a service, infrastructure as a service on the IBM Power servers, email compliance
−Removed: with software as a service (“SaaS”).
−Removed: DSC will continue to provide our solutions and our planned industry consolidations.
+Added: Data Storage Corporation acquired the assets of SafeData,
+Added: LLC in June 2010, and the assets of Message Logic LLC, (“Message Logic”) in October 2012.
+Added: In November 2012, the Company entered into an agreement
+Added: with an IBM partner, ABC Services, Inc.
+Added: to provide an IBM Power cloud infrastructure offering, marketed under the name Secure Infrastructure
+Added: & Services LLC (“SIAS”), a New York limited liability company.
+Added: In October 2016, the Company purchased the assets
+Added: of ABC Services, Inc., which included the remaining 50% of the SIAS company.
+Added: On June 1, 2021, the Company merged its Florida company
+Added: with Flagship Solutions, LLC.
+Added: This transaction with an IBM Gold Business Partner was synergetic to the Company’s services and added
+Added: new solutions such as IP with their Renewalytics managed maintenance/software and data analytics practice.
+Added: The result of these acquisitions, combined with the
+Added: Company’s legacy business continuity disaster recovery and IBM Power cloud infrastructure solutions, positions Data Storage Corporation
Competitive Landscape
−Removed: markets for the Company’s products and services are competitive and the Company is confronted by competition.
−Removed: Competitors in the
−Removed: United States include IBM, Connectria Corporation, iTech Solutions Group, Skytap Inc., Abacus Group LLC and Source Data Products.
−Removed: These markets are characterized
−Removed: by frequent product introductions and rapid technological advances.
−Removed: The Company’s financial condition and operating results can
−Removed: be adversely affected by these and other industry-wide downward pressures on gross margins.
−Removed: Principal competitive factors important to
−Removed: the Company include price, product features, relative price and performance, product quality and reliability, a strong third-party software,
−Removed: marketing and distribution capability, service and support and corporate reputation.
−Removed: The Company is focused on expanding
−Removed: its market opportunities globally related to disaster recovery and infrastructure as a service and platform as a service, primarily focused
−Removed: on the IBM community.
−Removed: These markets are highly competitive and include several large, well-funded and experienced participants.
−Removed: The Company’s future financial
−Removed: condition and operating results depend on the Company’s ability to continue to provide a high-quality solution as well as increase
−Removed: distribution of the solutions in each of the markets in which it competes.
−Removed: Recent Developments
+Added: The markets for the Company’s products and services
+Added: are competitive.
+Added: However, competition is limited in the Company’s $46.7 billion marketplace, compared to the limitless competitors,
+Added: competing against Amazon Web Services (AWS), Google, and Microsoft today which hold an estimated 51% of the marketplace for X86 cloud
+Added: infrastructure and X86 disaster recovery platforms.
+Added: Today, the IBM Power community, based on a recent IBM user survey, only 15% of the
+Added: IBM Power server community utilizes the cloud.
+Added: Other Company services and solutions, outside of the IBM Power user community face many
+Added: competitors for cyber security and data analytics, however, these solutions and services are typically provided by the Company to their
+Added: existing clients and distribution companies.
+Added: These markets are characterized by frequent product
+Added: introductions and rapid technological advances.
+Added: The Company’s financial condition and operating results can be adversely affected
+Added: by these and other industry-wide downward pressures on gross margins.
+Added: Principal competitive factors important to the Company include price,
+Added: product features, relative price and performance, product quality and reliability, strong third-party software, marketing and distribution
+Added: capability, service and support and corporate reputation.
+Added: The Company is focused on expanding its market opportunities
+Added: globally related to disaster recovery and cloud infrastructure, primarily focused on the IBM community.
+Added: These markets are highly competitive
+Added: and include several large, well-funded and experienced participants.
+Added: The Company’s future financial condition and operating results depend
+Added: on the Company’s ability to continue to provide a high-quality solution as well as increase distribution of the solutions in each
+Added: of the markets in which it competes.
Flagship Solutions, LLC.
−Removed: On February 4, 2021, we entered
−Removed: into an Agreement and Plan of Merger (the “Merger Agreement”) with Data Storage FL, LLC, a Florida limited liability company
−Removed: and our wholly-owned subsidiary (the “Merger Sub”), Flagship Solutions, LLC (“Flagship”), a Florida limited liability
−Removed: company, and the owners (collectively, the “Equityholders”) of all of the issued and outstanding limited liability company
−Removed: membership interests in Flagship (collectively, the “Equity Interests”), pursuant to which, upon the Closing (as defined below),
−Removed: we will acquire Flagship through the merger of Merger Sub with and into Flagship (the “Merger”), with Flagship being the surviving
−Removed: company in the Merger and becoming as a result our wholly-owned subsidiary.
−Removed: The closing of the Merger (the “Closing”) is expected
−Removed: to take place on or before May 31, 2021 (the “Outside Closing Date”).
−Removed: Flagship is a provider of IBM Equipment and solutions,
−Removed: managed services and cloud solutions globally that include cloud-based server monitoring and management, 24×7 help desk support,
−Removed: and data center infrastructure management.
−Removed: Pursuant to the Merger, all of
−Removed: the Equity Interests that are issued and outstanding immediately prior to the effectiveness of the filing of the Articles of Merger by
−Removed: Flagship and Merger Sub with the Secretary of State of the State of Florida, will be converted into the right to receive an aggregate
−Removed: amount equal to up to $10,500,000, consisting of $5,550,000, payable in cash, subject to reduction by the amount of any excluded liabilities
−Removed: assumed by us at Closing and subject to adjustment as set forth below in connection with a net working capital adjustment, and up to $4,950,000,
−Removed: payable in shares of our common stock, subject to reduction by the amount by which the valuation of Flagship (the “Flagship Valuation”),
−Removed: as calculated based on Flagship’s unaudited pro forma 2018 financial statements and audited 2019 and 2020 financial statements (the
−Removed: “2020 Audit”), is less than $10,500,000.
−Removed: In the event that the Flagship Valuation, as calculated based on the 2020 Audit,
−Removed: is less than $10,500,000, then, within fifteen (15) days after completion of the audit of Flagship’s financial statements for its
−Removed: 2019, 2020 and 2021 fiscal years (the “2021 Audit”), we have agreed to pay the Equityholders in shares of our common stock
−Removed: the number of shares to be determined based on the amount by which the Flagship Valuation, as calculated based on the 2021 Audit, exceeds
−Removed: the sum of $5,550,000 and the value of the shares merger consideration paid by us to the Equityholders at Closing.
−Removed: In addition, the cash
−Removed: merger consideration paid by us to the Equityholders at Closing shall be adjusted, on a dollar-for-dollar basis, by the amount by which
−Removed: Flagship’s estimated net working capital at Closing is more or is less than the target working capital amount specified in the Merger
−Removed: The parties have agreed to indemnify
−Removed: each other for any losses that may be incurred by them as a result of their breach of any of their representations, warranties and covenants
−Removed: contained in the Merger Agreement.
−Removed: Our indemnification obligations are capped at 20% of the aggregate merger consideration paid to the
−Removed: Equityholders for any breach of our representations and warranties contained in the Merger Agreement, other than the representations and
−Removed: warranties set forth under Section 4.1 (Existence;
−Removed: Good Standing;
−Removed: Enforceability), Section 4.2 (No Conflict) and Section 4.4
−Removed: (Brokers) (herein, “Fundamental Representations”).
−Removed: Our indemnification obligations in respect of any breach by us of the Fundamental
−Removed: Representations or in the event of our willful or intentional breach of the Merger Agreement (or acts of fraud), are not capped.
−Removed: Concurrently with the Closing,
−Removed: Flagship and Mark Wyllie, Flagship’s Chief Executive Officer, will enter into an Employment Agreement (the “Wyllie Employment
−Removed: Agreement”), which will become effective upon consummation of the Closing, pursuant to which Mr.
−Removed: Wyllie will continue to serve as
−Removed: Chief Executive Officer of Flagship following the Closing on the terms and conditions set forth therein.
−Removed: Flagship’s obligations
−Removed: under the Wyllie Employment Agreement will also be guaranteed by us.
−Removed: The Wyllie Employment Agreement will contain customary salary, bonus,
−Removed: employee benefits, severance and restrictive covenant provisions.
+Added: On February 4, 2021, we entered into an Agreement
+Added: and Plan of Merger (the “Merger Agreement”) with Data Storage FL, LLC, a Florida limited liability company and our wholly-owned
+Added: subsidiary (the “Merger Sub”), Flagship Solutions, LLC (“Flagship”), a Florida limited liability company, and
+Added: the owners (collectively, the “Equityholders”) of all of the issued and outstanding limited liability company membership interests
+Added: in Flagship (collectively, the “Equity Interests”), pursuant to which, upon the Closing (as defined below), we acquired Flagship
+Added: through the merger of Merger Sub with and into Flagship (the “Merger”), with Flagship being the surviving company in the Merger
+Added: and becoming, as a result, our wholly-owned subsidiary.
+Added: The closing of the Merger (the “Closing”) Flagship was completed on
+Added: June 1, 2021.
+Added: Flagship is a provider of IBM equipment and solutions, managed services and cloud solutions that include cloud-based server
+Added: monitoring and management, 24×7 help desk support, and data center infrastructure management.
+Added: Concurrently with the Closing, Flagship and Mark Wyllie,
+Added: Flagship’s Chief Executive Officer, entered into an Employment Agreement (the “Wyllie Employment Agreement”), which
+Added: became effective upon consummation of the Closing, pursuant to which Mr.
+Added: Wyllie will continue to serve as Chief Executive Officer of Flagship
+Added: following the Closing on the terms and conditions set forth therein.
+Added: Flagship’s obligations under the Wyllie Employment Agreement
+Added: will also be guaranteed by the Company.
+Added: The Wyllie Employment Agreement contains customary salary, bonus, employee benefits, severance
+Added: and restrictive covenant provisions.
In addition, pursuant to the Wyllie Employment Agreement, Mr.
−Removed: will be appointed to serve as a member of the Board during the term of his employment thereunder.
−Removed: Merger Agreement further provides that it may be terminated by Flagship and the Equityholders (a “Flagship Termination”) in
−Removed: the event we have not consummated an underwritten public offering of our securities or listed our shares of common stock on national securities
−Removed: exchange such as the Nasdaq, by the Outside Closing Date as long as such failure was not due to the breach of, or non-compliance with,
−Removed: this Agreement by the Company or any of the Equityholders.
−Removed: In the event of a Flagship Termination, we will be required to pay Flagship
−Removed: and the Equityholders an amount equal to two (2) times their reasonable, documented, out-of-pocket attorneys’
−Removed: and accountants’
−Removed: transaction fees and expenses incurred prior to such Flagship Termination in connection with the Merger, up to a maximum aggregate amount
−Removed: On February 12, 2021, we filed a registration statement on Form S-1 in connection with a proposed offering of our securities.
−Removed: We have also applied to list our common stock on the Nasdaq.
−Removed: There can be no assurance that our public offering will be consummated or
−Removed: our uplisting to Nasdaq will be achieved.
−Removed: The foregoing information is
−Removed: a summary of each of the agreements involved in the transactions described above, is not complete, and is qualified in its entirety by
−Removed: reference to the full text of those agreements, each of which has been filed as an exhibit to this Annual Report.
−Removed: Readers should review
−Removed: those agreements for a complete understanding of the terms and conditions associated with this transaction.
−Removed: the event the Closing is consummated on or before the Outside Closing Date, the shares of common stock to be issued as part of the Merger
−Removed: will be issued pursuant to exemptions from registration provided by Section 4(a)(2) and/or Regulation D of the 1933 Securities Act,
−Removed: In December 2019, a novel strain
−Removed: of coronavirus, COVID-19, was reported in Wuhan, China.
−Removed: The World Health Organization determined that the outbreak constituted a “Public
−Removed: Health Emergency of International Concern”
−Removed: and declared a pandemic.
−Removed: The COVID-19 pandemic is disrupting businesses and affecting
−Removed: production and sales across a range of industries, as well as causing volatility in the financial markets.
−Removed: The extent of the impact of
−Removed: the COVID-19 pandemic on our customer demand, sales and financial performance will depend on certain developments, including, among other
−Removed: things, the duration and spread of the outbreak and the impact on our customers and employees, all of which are uncertain and cannot be
−Removed: See “Risk Factors”
−Removed: for information regarding certain risks associated with the pandemic.
−Removed: The COVID-19 pandemic has accelerated
−Removed: cloud transformation efforts for new and existing customers and underscored the importance and mission-critical nature of multicloud strategies.
−Removed: Over the last several months, customers have increasingly turned to cloud solutions to pivot to new business models, improved their disaster
−Removed: recovery of mission critical data, migrated to cloud-based solutions and reduced their capital expenditure requirements.
−Removed: In response to the COVID-19 pandemic,
−Removed: we implemented a number of initiatives to ensure the safety of our employees.
−Removed: Since March 9, 2020, over 90% of our employees work remotely.
−Removed: All of our employees have had the ability to work remotely utilizing solutions the Company provides to their clients and distribution
−Removed: Additionally, our remote, technology-enabled model has enabled minimal disruption to our go-to-market efforts and service delivery
−Removed: organizations.
−Removed: The effects of the COVID-19 pandemic
−Removed: are rapidly evolving, and the full impact and duration of the virus are unknown.
−Removed: Currently, the COVID-19 pandemic has not had a significant
−Removed: impact on our operations or financial performance;
−Removed: however, the ultimate extent of the impact of the COVID-19 pandemic on our operational
−Removed: and financial performance will depend on certain developments, including the duration and spread of the outbreak and its impact on our
−Removed: customers, vendors and employees and its impact on our sales cycles as well as industry events, all of which are uncertain and cannot
−Removed: be predicted.
−Removed: April 30, 2020, the Company was granted a loan from a banking institution, in the principal amount of $481,977 (the “Loan”),
−Removed: pursuant to the Paycheck Protection Program (the “PPP”) under Division A, Title I of the Coronavirus Aid, Relief, and Economic
−Removed: Security Act (the “CARES Act”), which was enacted on March 27, 2020.
−Removed: The Loan, which was in the form of a Note dated April
−Removed: 30, 2020, matures on April 30, 2022 and bears interest at a fixed rate of 1.00% per annum, payable monthly to Signature Bank, as lender,
−Removed: commencing on November 5, 2020.
−Removed: Funds from the loan may only be used to retain workers and maintain payroll or make mortgage payments,
−Removed: lease payments and utility payments.
−Removed: Management intends to use the entire Loan amount for qualifying expenses.
−Removed: Under the terms of the
−Removed: PPP, certain amounts of the Loan may be forgiven if they are used for qualifying expenses as described in the CARES Act.
−Removed: The Company intends
−Removed: to apply for forgiveness for the full amount.
−Removed: The extent of the impact, if
−Removed: any, will depend on future developments, including actions taken to contain COVID-19.
−Removed: See also “Risk Factors”
+Added: Wyllie was appointed to serve as a
+Added: member of the Board during the term of his employment thereunder.
+Added: Wyllie, as of November 11, 2021, became an Officer of the Company.
+Added: The foregoing information has been filed as an exhibit
+Added: to the 2021 Annual Report.
+Added: Readers should review those agreements for a complete understanding of the terms and conditions associated
+Added: with this transaction.
+Added: In December 2019, a novel
+Added: strain of coronavirus, COVID-19, was reported in Wuhan, China.
+Added: The World Health Organization determined that the outbreak constituted
+Added: a “Public Health Emergency of International Concern” and declared a pandemic.
+Added: The COVID-19 pandemic is disrupting businesses
+Added: and affecting production and sales across a range of industries, as well as causing volatility in the financial markets.
+Added: The extent of
+Added: the impact of the COVID-19 pandemic on the Company’s customer demand, sales and financial performance will depend on certain developments,
+Added: including, among other things, the duration and spread of the outbreak and the impact on its customers and employees, all of which are
+Added: uncertain and cannot be predicted.
+Added: See “Risk Factors” for information regarding certain risks associated with the pandemic.
+Added: COVID-19 pandemic has accelerated cloud transformation efforts for new and existing customers and underscored the importance and mission-critical
+Added: nature of multi-cloud strategies.
+Added: Over the last year, customers have increasingly turned to cloud solutions to pivot to new business models,
+Added: improved their disaster recovery of mission-critical data, migrated to cloud-based solutions and reduced their capital expenditure requirements.
+Added: Since September 2021 the
+Added: Company has adopted a hybrid model that allows for its employees to either work remotely utilizing solutions the Company provides to their
+Added: clients and distribution channels, or work in its offices.
+Added: Additionally, the Company’s remote, technology-enabled model has enabled
+Added: minimal disruption to its go-to-market efforts and service delivery organizations.
+Added: Currently, the COVID-19 pandemic
+Added: has not had a significant impact on the Company’s operations or financial performance;
+Added: however, the ultimate extent of the impact
+Added: of the COVID-19 pandemic on its operational and financial performance will depend on certain developments, including the duration and
+Added: spread of the outbreak and its impact on the Company’s customers, vendors and employees and its impact on its sales cycles as well
+Added: as industry events, all of which are uncertain and cannot be predicted.
+Added: of the impact, if any, will depend on future developments, including actions taken to contain COVID-19.
+Added: See also “Risk Factors”
for more information.
+Added: 2020, the Company was granted a loan from a banking institution, in the principal amount of $481,977 (the “Loan”), pursuant
+Added: to the Paycheck Protection Program (the “PPP”) under Division A, Title I of the Coronavirus Aid, Relief, and Economic Security
+Added: Act (the “CARES Act”), which was enacted on March 27, 2020.
+Added: The Loan, which was in the form of a Note dated April 30, 2020,
+Added: matures on April 30, 2022, and bears interest at a fixed rate of 1.00% per annum, payable monthly to Signature Bank, as the lender, commencing
+Added: on November 5, 2020.
+Added: Funds from the loan may only be used to retain workers and maintain payroll or make mortgage payments, lease payments
+Added: and utility payments.
+Added: Management used the entire Loan amount for qualifying expenses.
+Added: Under the terms of the PPP, certain amounts of the
+Added: Loan may be forgiven if they are used for qualifying expenses as described in the CARES Act.
+Added: The Company received forgiveness for the
+Added: full amount during the year ended December 31, 2021.
+Added: The extent of the impact, if any, will depend on future
+Added: developments, including actions taken to contain COVID-19.
+Added: See also “Risk Factors” for more information.
Reverse Stock Split
−Removed: On March 8, 2021, our Board of
−Removed: Directors and our stockholders that have in excess of 50% of our voting power approved an amendment to our articles of incorporation to
−Removed: effect a reverse stock split with a ratio of between 1:2 to 1:60, to be effected in the discretion of our Board of Directors.
−Removed: Joint Venture with Able-One
−Removed: On February 18, 2021, we announced
−Removed: a joint venture agreement with Able-One Systems Inc.
−Removed: (“Able-One”) to provide DSC’s portfolio of enterprise-level IBM
−Removed: cloud infrastructure services to customers in Canada.
−Removed: Able-One has provided technology solutions in Canada for over 30 years.
−Removed: The arrangement
−Removed: is effective immediately.
−Removed: The joint venture between DSC and Able-One is intended to fill a vital need for cloud services in Canada among
−Removed: businesses that run IBM Power Systems on IBM i, AIX and Linux operating systems.
−Removed: ezSecurity™
−Removed: Product Launch
−Removed: the COVID-19 outbreak and the critical need for safe remote collaboration, we recently expanded our offering of cybersecurity solutions
−Removed: for remote tele-computing with our new product, ezSecurity™.
−Removed: We also launched a new remote collaboration program for small and medium-sized
−Removed: As part of this new program, we are offering free migration services from Microsoft Exchange to Microsoft 365, along with
−Removed: support for comprehensive voice communications (Hosted VoIP, IP Phones, Cloud PBX) and video conferencing.
−Removed: In addition, we have expanded
−Removed: capacity through our new Dallas data center location to accommodate increased demand for our portfolio of ezServices™, including
−Removed: ez-Backup™, ezRecovery™
−Removed: and ezAvailability™, adding to our existing network of data centers and fiber backbone.
+Added: On March 8, 2021, the Company’s Board of Directors
+Added: and its stockholders that have in excess of 50% of its voting power approved an amendment to its articles of incorporation to effect a
+Added: reverse stock split with a ratio of between 1:2 to 1:60, to be effected in the discretion of its Board of Directors.
+Added: Based on the Nasdaq
+Added: up listing on May 17, 2021, the Company had a reverse split of 40:1.
Government Regulation
−Removed: are subject to various federal, state, local and international laws with respect to our receipt, storage and processing of personal
+Added: The Company is subject to various federal, state,
+Added: local and international laws with respect to its receipt, storage and processing of personal information and other customer data.
+Added: The Company receives, stores, and processes personal
information and other customer data.
−Removed: receive, store, and process personal information and other customer data.
−Removed: Personal privacy has become a significant issue in the
−Removed: United States and in many other countries where we may offer our offering of solutions.
−Removed: The regulatory framework for privacy issues
−Removed: worldwide is currently complex and evolving, and it is likely to remain uncertain for the foreseeable future.
−Removed: There are numerous
−Removed: federal, state, local, and foreign laws regarding privacy and the storing, sharing, use, processing, disclosure and protection
−Removed: of personal information and other customer data, the scope of which are changing, subject to differing interpretations, and may
−Removed: be inconsistent among countries or conflict with other rules.
−Removed: We generally seek to comply with industry standards and are subject
−Removed: to the terms of our privacy policies and privacy-related obligations to third parties.
−Removed: We strive to comply with all applicable
−Removed: laws, policies, legal obligations, and industry codes of conduct relating to privacy and data protection to the extent possible.
−Removed: Any failure or perceived failure by us to comply with our privacy policies, our privacy-related obligations to customers or other
−Removed: third parties, our privacy-related legal obligations, or any compromise of security that results in the unauthorized release or
−Removed: transfer of personally identifiable information or other customer data, may result in governmental enforcement actions, litigation,
−Removed: or public statements against us by consumer advocacy groups or others and could cause our customers to lose trust in us, which
−Removed: could have an adverse effect on our reputation and business.
−Removed: Any significant change to applicable laws, regulations, or industry
−Removed: practices regarding the use or disclosure of our customers data, or regarding the manner in which the express or implied
−Removed: consent of customers for the use and disclosure of such data is obtained, could require us to modify our solutions and features,
−Removed: possibly in a material manner, and may limit our ability to develop new services and features that make use of the data that our
−Removed: customers voluntarily share with us.
−Removed: solutions are used by customers in the health care industry and we must comply with numerous federal and state laws related to
−Removed: patient privacy in connection with providing our solutions to these customers.
−Removed: In particular, the Health Insurance Portability
−Removed: and Accountability Act of 1996 (HIPAA), and the Health Information Technology for Economic and Clinical Health Act
−Removed: (HITECH) include privacy standards that protect individual privacy by limiting the uses and disclosures of individually
−Removed: identifiable health information and implementing data security standards.
−Removed: Because our solutions may backup individually identifiable
−Removed: health information for our customers, our customers are mandated by HIPAA to enter into written agreements with us known as business
−Removed: associate agreements that require us to safeguard individually identifiable health information.
−Removed: Business associate agreements
−Removed: typically include:
−Removed: description of our permitted uses of individually identifiable health information;
−Removed: covenant not to disclose that information except as permitted under the agreement and to make our subcontractors, if any,
−Removed: subject to the same restrictions;
−Removed: that appropriate administrative, physical, and technical safeguards are in place to prevent misuse of that information;
−Removed: obligation to report to our customers any use or disclosure of that information other than as provided for in the agreement;
−Removed: prohibition against our use or disclosure of that information if a similar use or disclosure by our customers would violate
−Removed: the HIPAA standards;
−Removed: ability of our customers to terminate their subscription to our solution if we breach a material term of the business associate
−Removed: agreement and are unable to cure the breach;
−Removed: requirement to return or destroy all individually identifiable health information at the end of the customers subscription;
−Removed: by the Department of Health and Human Services to our internal practices, books, and records to validate that we are safeguarding
+Added: Personal privacy has become a significant issue in the United States and in many other countries
+Added: where the Company may provide its offering of solutions.
+Added: The regulatory framework for privacy issues worldwide is currently complex and
+Added: evolving, and it is likely to remain uncertain for the foreseeable future.
+Added: There are numerous federal, state, local, and foreign laws
+Added: regarding privacy and the storing, sharing, use, processing, disclosure, and protection of personal information and other customer data,
+Added: the scope of which are changing, subject to differing interpretations, and may be inconsistent among countries or conflict with other
+Added: The Company generally seeks to comply with industry standards and is subject to the terms of its privacy policies and privacy-related
+Added: obligations to third parties.
+Added: The Company strives to comply with all applicable laws, policies, legal obligations, and industry codes
+Added: of conduct relating to privacy and data protection to the extent possible.
+Added: Any failure or perceived failure by the Company to comply with
+Added: its privacy policies, its privacy-related obligations to customers or other third parties, its privacy-related legal obligations, or any
+Added: compromise of security that results in the unauthorized release or transfer of personally identifiable information or other customer data,
+Added: may result in governmental enforcement actions, litigation, or public statements against the Company by consumer advocacy groups or others
+Added: and could cause its customers to lose trust in it, which could have an adverse effect on its reputation and business.
+Added: Any significant
+Added: change to applicable laws, regulations, or industry practices regarding the use or disclosure of the Company’s customer’s
+Added: data, or regarding the manner in which the express or implied consent of customers for the use and disclosure of such data is obtained,
+Added: could require the Company to modify its solutions and features, possibly in a material manner, and may limit its ability to develop new
+Added: services and features that make use of the data that its customers voluntarily share with the Company.
+Added: The Company’s solutions are used by customers
+Added: in the health care industry, and the Company must comply with numerous federal and state laws related to patient privacy in connection
+Added: with providing its solutions to these customers.
+Added: In particular, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”),
+Added: and the Health Information Technology for Economic and Clinical Health Act (“HITECH”) include privacy standards that protect
+Added: individual privacy by limiting the uses and disclosures of individually identifiable health information and implementing data security
+Added: Because the Company’s solutions may backup individually identifiable health information for its customers, its customers
+Added: are mandated by HIPAA to enter into written agreements with the Company known as business associate agreements that require it to safeguard
individually identifiable health information.
+Added: Business associate agreements typically include:
+Added: description of the Company’s permitted uses of individually identifiable health information;
+Added: covenant not to disclose that information except as permitted under the agreement and to make the
+Added: Company’s subcontractors, if any, subject to the same restrictions;
+Added: assurances that appropriate
+Added: administrative, physical, and technical safeguards are in place to prevent misuse of that information;
+Added: an obligation to report
+Added: to the Company’s customers any use or disclosure of that information other than as provided for in the agreement;
+Added: prohibition against the Company’s use or disclosure of that information if a similar use or
+Added: disclosure by its customers would violate the HIPAA standards;
+Added: ability of the Company’s customers to terminate their subscription to its solution if the Company
+Added: breaches a material term of the business associate agreement and are unable to cure the breach;
+Added: the requirement to return
+Added: or destroy all individually identifiable health information at the end of the customer’s subscription;
+Added: access by the Department
+Added: of Health and Human Services to the Company’s internal practices, books, and records to validate that the Company is safeguarding
+Added: individually identifiable health information.
Human Capital Resources
−Removed: believe that our success depends upon our ability to attract, develop and retain key personnel.
−Removed: As of March 31, 2021, we employed
−Removed: 26 full-time employees and 3 part-time employees ,
−Removed: of which five are executive management, five are administration and finance, five are sales staff and 14 were part of our technical team.
−Removed: None of our employees are covered by collective bargaining agreements, and management considers relations with our employees to be in
−Removed: good standing.
−Removed: Although we continually seek to add additional talent to our work force, management believes that it has sufficient human
−Removed: capital to operate its business successfully.
−Removed: compensation programs are designed to align the compensation of our employees with our performance and to provide the proper incentives
+Added: The Company believes that its success depends upon
+Added: its ability to attract, develop and retain key personnel.
+Added: As of March 31, 2022, the Company employed 60 full-time employees and 2 part-time
+Added: employees, of which eight are executive management, thirteen are administration and finance, twelve are sales staff and twenty-nine were
+Added: part of its technical team.
+Added: None of the Company’s employees are covered by collective bargaining agreements, and management considers
+Added: relations with the Company’s employees to be in good standing.
+Added: Although the Company continually seeks to add additional talent to
+Added: its workforce, management believes that it has sufficient human capital to operate its business successfully.
+Added: The Company’s
+Added: compensation programs are designed to align the compensation of its employees with its performance and to provide the proper incentives
to attract, retain and motivate employees to achieve superior results.
−Removed: The structure of our compensation programs balances incentive earnings
−Removed: for both short-term and long-term performance.
−Removed: The health and safety of our
−Removed: employees is our highest priority, and this is consistent with our operating philosophy.
−Removed: Since the onset of the COVID-19 pandemic, employees,
−Removed: including our specialized technical staff, are working from home or in a virtual environment unless they have a requirement to be in the
−Removed: office for short-term tasks and projects.
−Removed: Corporate Information
−Removed: The primary mailing address for
−Removed: the Company is 48 South Service Road, Melville, NY 11747.
−Removed: Our telephone number is (212) 564-4922.
+Added: The structure of the Company’s compensation programs balances
+Added: incentive earnings for both short-term and long-term performance.
+Added: and safety of the Company’s employees is its highest priority, and this is consistent with its operating philosophy.
+Added: The primary mailing address for the Company is 48 South Service Road, Suite
+Added: 203, Melville, NY 11747.
Available Information
+Added: The Company’s
corporate website address is www.datastoragecorp.com .
−Removed: All filings we make with the Securities
−Removed: and Exchange Commission (“SEC”), including our Annual Report on Form 10-K, our Quarterly Reports on Form 10-Q, our
−Removed: Current Reports on Form 8-K, our proxy statements and any amendments thereto filed or furnished pursuant to Section 13(a) or
−Removed: 15(d) of the Securities Exchange Act of 1934, as amended, are available for free in the Investor Relations section of our website
−Removed: as soon as reasonably practicable after they are filed with or furnished to the SEC.
−Removed: The reference to our website address does not constitute
−Removed: inclusion or incorporation by reference of the information contained on our website in this Form 10-K or other filings with the SEC,
−Removed: and the information contained on our website is not part of this document.
+Added: All filings the
+Added: Company makes with the Securities and Exchange Commission (“SEC”), including its Annual Report on Form 10-K, its Quarterly
+Added: Reports on Form 10-Q, its Current Reports on Form 8-K, its proxy statements and any amendments thereto filed or furnished pursuant
+Added: to Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, are available for free in the Investor Relations
+Added: section of the Company’s website as soon as reasonably practicable after they are filed with or furnished to the SEC.
+Added: The reference
+Added: to the Company’s website address does not constitute inclusion or incorporation by reference of the information contained on the
+Added: Company’s website in this Form 10-K or other filings with the SEC, and the information contained on the Company’s website
+Added: is not part of this document.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.