Last Updated: December 21, 2020
- How Does Company Define Personal Data?
- What are the Company Guidelines Regarding Children?
- What about My Use of Company Forums?
- What Kind of Information Does Company Collect?
- How Does the Company Use, Store and Retain Personal Data?
- How Does Company Share My Information?
- Is My Personal Data Secure?
- Your Rights and Choices
- General Data Protection Regulation (GDPR)
- California Consumer Protection Act (CCPA)
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 or affiliates to Company for purposes of receiving more information about our services; and
- When a new customer, reseller 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, advisor agreement or other agreement with Company (the “Agreement”); and
- When a current customer or affiliate of Company uses our platform or Services or contacts our customer service or technical support team; and
- When a job applicant applies for a position with Intermedia.
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@example.com.
6. WHAT ABOUT MY 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:
- Personal Data that you voluntarily provide when using our websites or Services, including contact information (e.g., email address, name, telephone number, home or work address, and ZIP code) and billing information (e.g., credit card number, bank account number and billing address);
- Personal Data that is generated through your actions by using our Services, which is collected, used and processed by Company solely for the purpose of delivering the Service to you;
- Technical standard information sent by your browser during visits to our websites or your use of our Services, including IP address, the type of device being used, your device’s operating system, location information, internet or network activity, language preference and browser type;
- Information about general usage of our website collected by using a cookie file which is typically stored on the hard drive of your computer. Please see the “Cookies” section; and
- Company may collect one or more of the following categories of Personal Information (as such categories are defined or interpreted for purposes of the CCPA or other applicable law): identifiers; customer records information; characteristics of protected classifications under California or federal law; commercial purchasing information; internet or network activity; professional or employment-related information; education information; and inferences drawn from Personal Information.
8. HOW DOES COMPANY USE, STORE AND RETAIN INFORMATION?
Company may use, store and retain information, which may include Personal Data, in the following ways:
- To provide you with information regarding the status of your account, to determine your tax status, and to bill you for our Services;
- To operate, provide and maintain the Services, including providing you with information and Services that you request from Company, delivering customer service or technical support, and carrying out Company's obligations arising from any agreement entered into between you and Company, including the Agreement;
- To manage our existing and prospective relationships with customers, resellers, distributors, vendors, service providers and affiliates, including accounting, auditing, billing and fee collection;
- To administer, test, analyze and improve Company’s Services and to facilitate marketing services by Company and its marketing partners, including providing you with information about available Services and related products and services;
- 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 notify you about changes to the Services, welcome letters, billing reminders, technical notifications and security announcements;
- 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 SHARE 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 share your Personal Data with 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 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 MY 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 or to terminate your account, you may indicate a preference to stop receiving further marketing communications from us by accessing available termination or opt-out features in the administrative control panel for your Account, by “opting out” by following the unsubscribe instructions provided in the communication you receive, or by contacting Company by e-mail (at such 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 share this information with 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 by contacting firstname.lastname@example.org.
13. California Consumer Protection Act (CCPA)
Does Company Sell My Personal Data?
No, Company does not sell your Personal Data in the traditional sense. Company may share your Personal Data with 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 Share 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 Information collected, transferred, or disclosed by Company; (2) purposes for which categories of Personal Information are collected or transferred by Company; (3) categories of sources from which Company collects Personal Information; and (4) specific pieces of Personal Information 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 Information, please contact Company by visiting here, by emailing Company at email@example.com, or by calling Company toll-free at (888) 329-2278.
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 the 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.
“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.
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.