3. HOW DOES COMPANY DEFINE PERSONAL DATA?
- Through access to or use of Company’s websites; and
- Through the submission of information by prospective customers, resellers, advisors or affiliates to Company for purposes of receiving more information about our services; and
- When a new customer, reseller, advisor or affiliate of Company creates a Company account; and
- When a new customer, reseller or affiliate of Company purchases our services (the “Services”), including as the term “Services” may be defined in your Master Service Agreement, reseller agreement or other agreement with Company (the “Agreement”); and
- When a current customer, reseller, advisor or affiliate of Company uses our platform or Services or contacts our customer service or technical support team.
5. WHAT ARE COMPANY’S GUIDELINES REGARDING CHILDREN?
Company requires that all account holders be 18 years of age or older. In addition, our websites and Services are not designed for or directed to children under the age of 18, and Company does not knowingly collect or maintain Personal Data about any person under the age of 18. If you believe Company has collected any Personal Data from or about any person under 18, please contact us at [email protected].
6. WHAT ABOUT YOUR USE OF COMPANY FORUMS?
Company may make chat rooms, forums, message boards, news groups and similar media, including social media, available to you. Please remember that any information that is disclosed in these areas may become public and you should exercise caution when deciding to disclose any Personal Data in any of these areas.
7. WHAT KIND OF INFORMATION DOES COMPANY COLLECT?
Company may collect the following information, which may include Personal Data:
8. HOW DOES COMPANY USE, STORE AND RETAIN YOUR INFORMATION?
The tables in Section 7 above describe how Company may use the information that it collects. In addition to the uses set forth in Section 7, Company may use, store and retain information, which may include Personal Data, in the following ways:
- To gather broad demographic and statistical information, and other de-identified or aggregated information, which Company may use for purposes such as understanding broad demographic trends and statistical information;
- To comply with applicable legal requirements, industry standards and Company’s procedures and policies, to enforce our Agreements, and to defend our legal rights; and
- For other purposes to which you may provide your consent.
9. HOW DOES COMPANY DISCLOSE YOUR INFORMATION?
Company does not directly sell your Personal Data in the traditional sense (i.e., transfer such data in exchange for money), but Company may disclose your Personal Data to third parties to help provide and improve Company’s Services as follows:
- To entities within the Company’s group and third-party business partners, consistent with the purposes described above;
- Billing information to organizations that process billing information on our behalf;
- In de-identified or aggregated form to third parties, such as usage information to our service and license providers for licensing compliance, licensing usage calculation, billing and support purposes;
- To vendors and contractors retained in connection with the provision of the Services or support of Company’s business. For example, Company may use service providers to measure Service usage and Service performance metrics; monitor security aspects of our Services and infrastructure; provide data storage services; and deliver customer service or technical support. Company will only release information that is needed to deliver the service for which the third-party vendor has been contracted. These vendors are required to maintain strict security and confidentiality of the information and are prohibited from using it for any other purposes other than in accordance with Company’s instructions and policies.
In addition, Company may access and release your information, including Personal Data, under the following circumstances:
- Occasionally, Company may be required by law enforcement or judicial authorities to disclose your Personal Data to the applicable law enforcement authorities. Company will do so upon receipt of a court order or subpoena (or other mandatory legal process), to cooperate with a law enforcement investigation or if Company otherwise believe disclosure is necessary to exercise, establish or defend our legal rights. Company reserves the right to report to law enforcement authorities any activities that Company, in good faith, believes to be unlawful.
- If Company obtains your consent or permission to disclose or release your information, which Company may obtain in various ways. For example, Company may present you with an “opt-in” prompt when you access the Services, the administrative control panel for the Services and/or associated websites.
- If Company, any of its websites or Services or a related asset or line of business is acquired by, transferred to, or merged with another company.
10. IS YOUR PERSONAL DATA SECURE?
Although Company uses reasonable efforts to protect your Personal Data, transmission via the Internet is not completely secure. Therefore, Company cannot guarantee the security of your Personal Data transmitted using our websites or Services, and any transmission is at your own risk.
11. YOUR RIGHTS AND CHOICES
You have the right to request that Company not contact you or use your Personal Data for purposes which are not reasonably necessary for the administration of our websites and/or the provision of Services, such as marketing communications. If you wish to exercise this opt-out right, you may indicate a preference to stop receiving further marketing communications from us by accessing available opt-out features in the administrative control panel for your Account, by following the “unsubscribe” instructions provided in a communication you receive, or by contacting Company by e-mail at [email protected] (or such other address as is provided on Company’s website or in the Agreement). Where required under applicable law, Company will only send you marketing communications with your consent.
Please note that you cannot unsubscribe from certain correspondence from us regarding our provision of Services to you, including messages relating to your Account, unless you stop using our Services. In addition, certain information may be required in order to use our websites or Services; as such, the only practicable method to opt out of providing information in connection with the use of those websites or Services would be to refrain from subscribing to or using those websites or Services.
You may also revise your contact and financial information or terminate your account through the administrative control panel for your Account.
12. GENERAL DATA PROTECTION REGULATION (GDPR)
Legal Basis for Processing
If you are located in the EEA, Company only processes your Personal Data based on a valid legal ground, including when:
- You have consented to the use of your Personal Data; for example, to provide you with tailored advertising (such consent may be withdrawn at any time, solely as it relates to communications subsequent to such request);
- Company needs your Personal Data to provide you with the Services or otherwise fulfill Company’s contractual obligations, including for account creation, the delivery of Company’s Services, responding to your inquiries, and providing customer service and technical support;
- Company has a legal obligation to use your Personal Data, such as the obligation to protect intellectual property rights or restrict content available on the Service based on your location; or
- Company has a legitimate interest in using your Personal Data. For example, Company has a legitimate interest in using your Personal Data to conduct business analytics and otherwise improve the security and performance of Company’s Services. Company may also disclose this information to third parties for this purpose.
Transfer of Personal Data
Your Data Protection Rights
If you are located in the EEA, you have the following rights:
- Right to Withdraw Consent: You may withdraw your consent to the processing of your Personal Data at any time.
- Right to Access: You can request access to the Personal Data Company holds on you with some limited exceptions.
- Right to Rectify: If you feel the Personal Data Company holds on you is inaccurate, you can ask Company to correct or update it.
- Right to Erasure: You can request that Company erase your Personal Data, unless it is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims. This right may be limited by law.
- Right to Restrict the Processing: You have the right to request that Company restrict processing if you contest the accuracy and wish to verify it, it has been unlawfully processed, or Company no longer needs the data but you need it to assert, exercise or defend legal claims.
- Right to Object: You have the right to object to the processing of your Personal Data if you disagree with any legitimate interest or public interest Company has relied upon to process your Personal Data.
- Right to Data Portability: You have the right to receive your Personal Data in a structured, commonly used and machine-readable format where your Personal Data is processed in reliance either on your consent or because such processing is necessary for the performance of a contract, and the Personal Data, in either case, is processed by automatic means.
Additionally you have the right to lodge a complaint with the Dutch Data Protection Supervisory Authority (Autoriteit Persoonsgegevens), PO Box 93374, 2509 AJ DEN HAAG, or, if GDPR provides that an alternative supervisory authority has jurisdiction over the applicable dispute, with such other supervisory authority.
These rights are not absolute and may be limited in certain circumstances, as permitted or required by applicable law. You may exercise your rights or learn more about how Company handles any of your requests to exercise your rights above, including your right to access your data, by contacting [email protected].
Additional Data Protection Rights.
Notwithstanding your rights above, if you are a resident of the United Kingdom (UK), Company shall process and transfer your Personal Data in accordance with the applicable data protection law of the UK, including UK GDPR and Data Protection Act of 2018.
13. California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
Does Company Sell or Share Your Personal Data?
Company does not sell your Personal Data in the traditional sense, nor does Company share your Personal Data in a manner that would be prohibited by the CCPA or CPRA; however, Company may disclose your Personal Data to third parties to help provide Company’s Services to you and for the other purposes described herein. Please review the section above entitled “How Does Company Disclose Your Information?” for more information.
Your Data Protection Rights
If you are a California resident, you may submit a verifiable request for information, no more than twice within a 12-month period, regarding the: (1) categories of Personal Data collected, transferred, or disclosed by Company; (2) purposes for which categories of Personal Data are collected or transferred by Company; (3) categories of sources from which Company collects Personal Data; and (4) specific pieces of Personal Data Company has collected about you during the past twelve months. In order to receive such a report, or to access, change, or delete any Personal Data, please contact Company by visiting here, by emailing Company at [email protected], or by calling Company toll-free at (888) 329-2278.
Transfer of Personal Data
What are Cookies?
Cookies are small text files that are placed on your device or browser when you make use of Company’s websites, services, applications and/or administrative control panel. These allow Company’s services to function more efficiently, for example, storing and honoring your settings or preferences, combating fraud, providing advertising, and analyzing how Company’s services perform. Some cookies only last for a short duration and expire at the end of a session, for example, when you close a browser winder. These are known as “session cookies.” Other cookies last longer and remain stored on your browser or device and can, for example, track your settings or activities on several sites. These are known as “persistent cookies.”
When you access Company’s websites, services, applications and/or administrative control panel, Company may send one or more cookies (and/or similar technologies) to your computer. By sending you cookies with values that are unique, Company may be able to uniquely identify your web browser or device when you access Company’s websites, services, applications and/or administrative control panel. Company may use both “session” and “persistent” cookies to collect, store, and sometimes track various types of information.
What Are the Different Types of Cookies Used by Company?
The following are the different types of cookies that Company uses and why Company uses them:
Advertising or Targeting Cookies
When you visit one of Company’s websites, advertising companies may place a cookie or similar technologies on your computer and may collect certain information about your use of Company’s websites. These companies may use this information, as well as information they collect from your use of other websites, to display advertisements on the Internet about products and services they believe you may be interested in. You can learn more about this practice, and can learn about your choices with respect to the use of this information about you for customizing advertisements, at www.aboutads.info/choices.
How Can You Control Your Cookies?
When you visit one of Company’s websites, you can manage and control your cookies by using our cookie preference tool available on our websites, if such feature is available in your region, to opt out of cookies that are not necessary for the core operation of Company’s website, such as performance, advertising and targeting cookies.
You can also change the browser settings on your computer or other device you are using to access Company’s websites or Services. Most browsers provide functionality that lets you reject and/or remove cookies. You can learn more about how to manage your cookies at https://www.aboutcookies.org/how-to-control-cookies/.
“Do Not Track” Notice
There is no accepted standard on how to respond to Do Not Track (DNT) signals, and Company does not respond to such signals. You can learn about DNT at www.allaboutdnt.com.
How Can You Contact Company with Questions Regarding Privacy Issues?
Intermedia Privacy Team
100 Mathilda Place, Suite 600
Sunnyvale, California 94086
Does Company adhere to the EU-U.S. Privacy Shield Framework?
Prior to July 16, 2020, Company adhered to the EU-U.S. Privacy Shield Framework (“Privacy Shield”) set forth by the United States Department of Commerce and the European Commission regarding the collection, use, and retention of Personal Data collected from individuals located in the EEA. In its judgment of July 16, 2020 (Case C-311/18), however, the Court of Justice of the European Union has invalidated the Privacy Shield. As a result of that decision, the Privacy Shield is no longer a valid mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States.
That decision does not relieve participants in the Privacy Shield of their obligations thereunder with respect to information that was, prior to the invalidation of the Privacy Shield, transferred in accordance with and in reliance upon the Privacy Shield (“Historical Privacy Shield Transferred Information”). Accordingly, solely with respect to Historical Privacy Shield Transferred Information, Company adheres to the Privacy Shield regarding the collection, use, and retention of Personal Data contained therein that was collected from individuals located in the EEA. For more information about the Privacy Shield Principles, please read our Privacy Shield Notice, which is available here.