Data Subprocessors

Hostway Services, Inc. d.b.a. SolVPS (“Hostway”) uses certain subprocessors (including members of the Hostway group of companies and third parties, as listed below) and subcontractors to assist it in providing the Hostway Services as described in the Terms of Service (“ToS”). Defined terms used herein shall have the same meaning as defined in the ToS.

What is a Subprocessor?

A subprocessor is a third party data processor engaged by Hostway, including entities from within the Hostway group of companies, who has or potentially will have access to or process Service Data (which may contain Personal Data). Hostway engages select subprocessors to perform specific functions as explained in the tables below. Hostway refers to third parties that do not have access to or process Service Data but who are otherwise used to provide the Services as “subcontractors” and not subprocessors.

Due Diligence

Hostway undertakes to use a commercially reasonable selection process by which it evaluates the security, privacy and confidentiality practices of proposed subprocessors that will or may have access to or process Service Data.

Contractual Safeguards

Hostway requires its subprocessors to satisfy equivalent obligations as those required from Hostway (as a Data Processor) as set forth in Hostway’s Data Processing Agreement (“DPA”), including but not limited to the requirements to:

• process Personal Data in accordance with data controller’s (i.e. Subscriber’s) documented instructions (as communicated in writing to the relevant subprocessor by Hostway);
• in connection with their subprocessing activities, use only personnel who are reliable and subject to a contractually binding obligation to observe data privacy and security, to the extent applicable, pursuant to applicable data protection laws;
• provide regular training in security and data protection to personnel to whom they grant access to Personal Data;
• implement and maintain appropriate technical and organizational measures (including measures consistent with those to which Hostway is contractually committed to adhere insofar as they are equally relevant to the subprocessor’s processing of Personal Data on Hostway’s behalf) and provide an annual certification that evidences compliance with this obligation. In the absence of such certification Hostway reserves the right to audit the subprocessor;
• promptly inform Hostway about any actual or potential security breach; and
• cooperate with Hostway in order to deal with requests from data controllers, data subjects or data protection authorities, as applicable.

This policy does not give Subscribers any additional rights or remedies and should not be construed as a binding agreement. The information herein is only provided to illustrate Hostway’s engagement process for subprocessors as well as to provide the actual list of third party subprocessors, subcontractors and content delivery networks used by Hostway as of the date of this policy (which Hostway may use in the delivery and support of its Services).

If you are a Hostway Subscriber and wish to enter into our DPA, please email us at privacy@solvps.com or (find the DPA available for signature here).

Process to Engage New Subprocessors

For all Subscribers who have executed Hostway’s standard DPA, Hostway will provide notice via this policy of updates to the list of subprocessors that are utilized or which Hostway proposes to utilize to deliver its Services. Hostway undertakes to keep this list updated regularly to enable its Subscribers to stay informed of the scope of subprocessing associated with the Hostway Services.

Pursuant to the DPA, a Subscriber can object in writing to the processing of its Personal Data by a new subprocessor within thirty (30) days after updating of this policy and shall describe its legitimate reasons to object. If Subscriber does not object during such time period the new subprocessor(s) shall be deemed accepted.

If a Subscriber objects to the use of a subprocessor pursuant to the process provided under the DPA, Hostway shall have the right to cure the objection through one of the following options (to be selected at Hostway’s sole discretion):

(a) Hostway will cease to use the subprocessor with regard to Personal Data;

(b) Hostway will take the corrective steps requested by Subscriber in its objection (which remove Subscriber’s objection) and proceed to use the subprocessor to process Personal Data; or

(c) Hostway may cease to provide or Subscriber may agree not to use (temporarily or permanently) the particular aspect of a Hostway Service that would involve use of the subprocessor to process Personal Data.

Termination rights, as applicable and agreed, are set forth exclusively in the DPA.

The following is an up-to-date list (as of the date of this policy) of the names and locations of Hostway subprocessors, subcontractors and content delivery networks (including members of the Hostway group of companies and third parties):

Service Specific Subprocessors

Hostway works with third parties to provide certain Services. These providers are the Subprocessors set forth below. In order to provide the relevant functionality, these Subprocessors access Service Data and Personal Data. Their use is limited to the indicated Services.

Account Function Subprocessors

Hostway works with certain third parties to provide specific security features to Subscribers. These providers are the Subprocessors set forth below. In order to provide the relevant functionality, these Subprocessors access Service Data and Personal Data. Their use is limited to the indicated account actions.

Payment Subprocessors

Hostway works with third party payment service providers to process payments from Subscribers. These subprocessors are listed below.

Infrastructure Subcontractors for Service Data Storage

Hostway owns or controls access to the infrastructure that Hostway uses to host Service Data submitted to the Services. Currently, the Hostway production systems for the Services are located in co-location facilities (“data centers”) in the United States and Europe. Subscriber Services are established in one of these regions based on where the Subscriber has selected to receive service; the Subscriber’s Service Data subsequently remains in that region unless agreed between Subscriber and Hostway, but may be shifted among data centers within a region to ensure performance and availability of the Services. Currently, Subscriber account data (for example contact details and account records, not including the Subscriber’s Services) are located in United States data centers only. Infrastructure subcontractors do not have direct access to Service Data or Personal Data.

Updated on May 1, 2018