Last updated January 23, 2018
WE RESPECT YOUR PRIVACY
EU GENERAL DATA PROTECTION REGULATION (GDPR)
To ensure our compliance with GDPR, Hostway|HOSTING engages a trusted independent third party provider to review our GDPR readiness and administer our data protection impact assessment, which is in addition to our standard SOC1, SOC2, and PCI-DSS audits. Notwithstanding anything in the MSA, if after you conduct a data protection impact assessment or consultation with a supervisory authority you determine that continuing with our Services would be in breach of GDPR, then you must notify Hostway|HOSTING immediately and we will work together with you to reach a mutually agreeable solution.
Data Protection Officer
If at any time you have any questions or concerns about Hostway|HOSTING’s GDPR compliance, please contact our Data Protection Officer directly at: firstname.lastname@example.org.
Notwithstanding anything herein or in the MSA, if you have a good faith belief that the Processing of your Personal Data infringes GDPR, you have the right to lodge a complaint with a supervisory authority in the EU member country of your place of residence or work, or in which the alleged infringement occurred. Hostway|HOSTING will provide reasonable cooperation with any supervisory authority consultation.
EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD
In addition to GDPR, Hostway|HOSTING participates in and has certified our compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from EU member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov.
Hostway|HOSTING is responsible for the processing of personal data we receive, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on our behalf. Hostway|HOSTING complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Hostway|HOSTING is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In addition Hostway|HOSTING commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim.
Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
This Policy describes Hostway|HOSTING’s general principles for the collection and use of information from Clients and visitors to our Website. Our Policy also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. We want to ensure that you understand how we will and will not use the information you entrust to us. For visitors, we’ve structured our Website so that, in general, you can visit us without identifying yourself or revealing any personal information. However, if you wish to interact with Hostway|HOSTING through the Website, such as by requesting a sales quote or using the chat function on the Website to communicate with a customer service representative, you may be asked to first provide certain personal information as described below. If you do not wish to provide this personal information, you may continue to use our Website, but we will not be able to contact you. Once you choose to provide us with your personal information (or any other information by which you can be identified), you can be assured that it will only be used to support your relationship with Hostway|HOSTING.
WHAT TYPE OF INFORMATION DOES HOSTWAY|HOSTING COLLECT?
Basic Information. When you visit our Website, our Web server collects basic user information about you that includes your ISP’s domain, the time you accessed our Website, and the pages from within our Website that you visit, and this basic information is used to prevent fraud or abuse of the system. This basic information does not include your name or any other information by which you can be personally identified.
Contact Information. If you desire to learn more about our Services, you may request that Hostway|HOSTING contact you directly by providing certain personal information to Hostway|HOSTING via the Website. This personal information will include your name, email address, phone number, company name, job title, and geographical location. You will be provided the opportunity to actively consent to Hostway|HOSTING’s use of this personal information to communicate with you.
Client Information. When you sign up for Services, you will be required to provide us with both contact and payment information pursuant to the terms of the MSA. In addition to the contact information described above, we will also need your payment information, such as your credit card number, wire information, or other banking information. While you are a Hostway|HOSTING Client, we also manage information with regard to your Client Account status, choice of Services, and Client logs. In addition, we may store Clients’ electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
HOW DO WE USE A YOUR INFORMATION?
Hostway|HOSTING will limit our use and processing of any personal information that you have provided to us to the following:
(1) As expressly permitted by you when you provided us with such information;
(2) As necessary to provide our Services to you under the MSA if you have signed up as a Client;
(3) As required to comply with a subpoena, warrant, or other court order issued by an authoritative body of competent jurisdiction;
(4) As required for Hostway|HOSTING’s statutory or regulatory compliance; or
If you are a Client, we use your personal information to establish our Services for you, such as creating and maintaining your Client Account and your choice of Services, and to contact you for customer and technical support purposes. We use your payment information for payment processing purposes only. We may also create and maintain Client logs in the normal course of providing service.
Our trusted affiliates are responsible for processing or handling some of the information we receive. These affiliates include, payment processors, security auditors, third party vendor auditors, communications providers, and customer relationship management. We provide these affiliates with the minimum personal information necessary to provide their services. They are not authorized to use such information for purposes beyond those specified by us including marketing and are required to preserve the confidentiality with which we treat such information.
In certain situations, Hostway|HOSTING may be required to collect and disclose your personal information without your express consent such as in the event of an emergency involving a threat to life, health, or safety, where consent cannot be obtained in a timely manner, or where legal, medical or security reasons render the situation impossible or impractical to obtain consent. We may also collect, use, and disclose your personal information without your express consent in the process of investigating or pursuing a breach of the MSA, fraud, security breach, illegal activity, where obtaining consent might compromise the investigation, or if we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Hostway|HOSTING, our Clients, or others. Furthermore, we may provide information to regulatory authorities and law enforcement officials in accordance with applicable laws, respond to legal process, or where Hostway|HOSTING has a good faith belief that the law requires such disclosure.
Hostway|HOSTING also will not disclose to third parties the contents of any electronic mail or other electronic communications that Hostway|HOSTING stores or transmits for our Clients except where: (a) it is a matter or public safety or policy; (b) it is in connection with the transfer of other business assets; (c) it is required to cooperate with orders, warrants, or other legal process that Hostway|HOSTING determines in our sole discretion to be valid and enforceable; and (d) it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Hostway|HOSTING and appear to pertain to the commission of a crime. If Hostway|HOSTING is involved in a merger, acquisition, or sale of all or a portion of our assets, and it results in a change of the ownership or use of your personal information, as well as any choices you may have regarding your personal information, then you will be notified via email and/or a prominent notice on our Website.
Hostway|HOSTING disclaims any intention to censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through our facilities by Clients or others. Hostway|HOSTING will, however, review, delete, or block access to communications that may harm Hostway|HOSTING, our Clients or third parties. The grounds on which Hostway|HOSTING may take such action include, but are not limited to, actual or potential violations of the TOU.
Hostway|HOSTING may use the information collected from you to direct service notices as well as provide you with other general information that may be of interest to you and information about our Services or product offerings that you have opted to receive.
LOCATION OF YOUR INFORMATION
Hostway|HOSTING may access your personal information from any of our office locations, and therefore your personal information may be transferred, processed, or stored outside the jurisdiction in which it was collected. Where Hostway|HOSTING must transfer your personal information from an EU member country to one of our office locations outside of the EU, then Hostway|HOSTING will ensure that the recipient Hostway|HOSTING entity is certified under Privacy Shield (see https://www.privacyshield.gov) or otherwise certified under an approved alternative mechanism. If your personal information is governed by GDPR, and you wish to obtain further details regarding the physical location of your information, you may contact Hostway|HOSTING’s Data Protection Officer at email@example.com.
Hostway|HOSTING uses third party providers to provide credit card processing services on our Website. When you purchase a service or product from us we will share contact and credit card information as necessary for the third party to provide those payment processing services.
These third parties are prohibited from using your personal information for any other purpose including their own marketing services. These companies are authorized to use your personal information only as necessary to provide these services to us.
Hostway|HOSTING may use your information to provide you, as our valued Client, with system information, information about new or upgraded products, and general information about Hostway|HOSTING itself if you have chosen to receive such offers or newsletters.
Please note that we will also use your contact information to notify you of important information regarding your Client Account or Services at our discretion and you may not opt out of receiving such service related email communications.
NEWSLETTERS OR PROMOTIONAL COMMUNICATIONS
Clients may opt out of receiving newsletters and/or promotional emails from Hostway|HOSTING by sending a request to firstname.lastname@example.org, by using the unsubscribe instructions included in each promotional communication, or by changing your email preferences in your account information. In this request, Clients must identify their domain name and contact information. Clients may not opt out of receiving information from Hostway|HOSTING which is essential for maintaining or updating Clients’ Account or system information.
Hostway|HOSTING displays personal testimonials of satisfied Clients on our Website in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
If you choose to use our referral service to tell a friend about our Website, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Website. Hostway|HOSTING stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
Our Website offers publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog, contact us at email@example.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
SURVEYS OR CONTESTS
From time-to-time, we may provide you the opportunity to participate in contests or surveys on our Website. If you participate, we will request certain personal information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).
We use this information to notify contest winners and award prizes, to monitor Website traffic or personalize the Website (in the case of anonymous information collected in surveys), or to send participants an email newsletter.
We may use a third party service provider to conduct these surveys or contests, and that company will be prohibited from using our users’ personal information for any other purpose including their own marketing. We will not share the personal information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
HOW DO WE USE A VISITOR’S INFORMATION?
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve Services we offer you, to improve marketing, analytics, or site functionality.
We may partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by emailing firstname.lastname@example.org. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
Our Website may allow for a chat function. Chat functions allow you to participate in “live” online conversations with us on our Website. Although the transcripts from the chats may be stored internally on in-house servers for our records only, we collect no personal information about you when you participate unless you choose to provide that information to us.
SOCIAL MEDIA FEATURES
Some of our pages utilize framing techniques to serve content to from our partners while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to Hostway|HOSTING.
HOW CAN YOU ACCESS OR DELETE YOUR PERSONAL INFORMATION?
If you have consented to Hostway|HOSTING processing your personal information by signing up for our newsletter or requesting a sales quote, but you are not a Client, you can withdraw your consent and request the deletion of your data at any time by emailing email@example.com.
If you are a Client, you can access your personal information, such as your address and contact information, at any time to correct, change or delete any of the data shared with us when you became a Client. To access your personal information stored in your Client Account, please click on the “Log In” link on the header of the Website. Your account information is secure and is accessible by using a password that you select. If you need assistance or have questions about correcting information you can contact us via email at firstname.lastname@example.org. Hostway|HOSTING will respond to access requests within 30 days.
Upon written request Hostway|HOSTING will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at email@example.com.
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
If you have consented to Hostway|HOSTING processing your personal information by signing up for our newsletter or requesting a sales quote, but you are not a Client, we will keep your personal information until your consent is withdrawn.
If you are a Client, we will retain your information for as long as your Client Account is active or as needed to provide you Services. If you wish to cancel your account or request that we no longer use your information to provide you Services contact us at firstname.lastname@example.org.
We will retain and use your information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Hostway|HOSTING has security measures in place to help prevent the loss, misuse and alteration of the information under our control. When you place an order online, your information, including your credit card number, is protected using Secure Socket Layer (SSL) encryption technology. This encrypts order data and is designed to aid in ensuring the accuracy and security of that Client information.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Website, you can send email us at email@example.com.
Hostway|HOSTING does not sell products or services for purchase by children. Clients must be at least 18 years of age. If you have reason to believe that a child under the age of 18 has provided personal information to us, please contact us, and we will endeavor to delete that information and terminate the child’s account from our databases.
CHANGES TO OUR POLICY
If we decide to change our privacy practices, we will post those changes to this Policy, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this Policy at any time, so please review it frequently. If we make material changes to this Policy, we will notify you here, by email, or by means of a prominent notice on our home page.
If you have questions or concerns regarding this Policy, you should contact us by email at firstname.lastname@example.org.
211 W. Wacker Drive, Suite 900E
Chicago, IL 60606
THE HOSTWAY|HOSTING GROUP
The Hostway|HOSTING group of companies includes:
Hostway|HOSTING Corporation, Hostway|HOSTING Services, Inc., Hostway|HOSTING Canada, Hostway|HOSTING Bulgaria EAD, HGTN, Inc., DomainPeople, Inc., and WhoisProtector, Inc.