Privacy Policy for Services

Hostway Services, Inc. (d.b.a. SolVPS) and its group of companies (“Hostway”, “Us”, “Our”, or “We”) are committed to protecting Your privacy. This Services Privacy Policy sets out how We collect and process personal information through Our cloud hosting platform and related services including server hosting, domain name registration, and other digital communications and tools (the “Services”) and generally in the course of doing business – such as when an individual who has registered to use the Services (“Customer”), potential Customer, or other third party engages with Us in relation to the provision of the Services (collectively “You”). Please note that for the purposes of EU data protection legislation, Hostway is the controller of Your personal information.

This Services Privacy Policy (this “Policy”) does not cover how Hostway collects and uses personal information collected from individuals who visit Our website (“Visitors”), as described in Our separate Privacy Policy for Website Visitors.

Information Collected Through Services

Through Our Services, Hostway collects certain personal information, as follows:

Information Customers Provide to Us

You may provide personal information to Us through the Services – for example, when You create a Hostway account, contact customer support, send Us an email, or communicate with Us in any other way. When setting up a Hostway account, You will be asked to provide certain basic information such as a name, email address, username, password, company name, occupation, location and phone number (e.g. if You are using two-factor authentication). If You purchase one of Our paid plans, You may also need to provide Us with payment and billing information such as the Customer’s credit card details and billing address. As a Customer, Hostway will also maintain a record of Your purchases, transactional information, Services history and usage, and any communications and responses. We may also collect personal information, such as Your contact information, employment details, and feedback.

Information We Collect Automatically Through the Services

When You use the Services, We may collect certain information automatically about Your device and Your use of the Services. This will include IP addresses, browser profiles (user agents), log files, and other information regarding Your system and connection. We collect information about how You access and use the Services, such as what pages are viewed and what portions of the Services are used. We also collect information regarding the performance of the Services, including metrics related to the uptime of hosted services. This information allows Us to improve the content and operation of the Services, and facilitate research and analysis of the Services. We collect this information automatically through the use of various commonly used information-gathering technologies including cookies and web beacons, to collect information as users and Visitors navigate the Website and use the Services (“Web Site Navigational Information”). We use these technologies to analyze trends, administer Web sites and Services, track users’ and Visitors’ movements around Our Website and Services, and gather demographic information about Our user and Visitor base as a whole. Additional information about Our use of Cookies is available in our Cookie Policy.

Information We Process on Behalf of Our Customers

Hostway Customers may also input or upload certain personal information to the Hostway platform which We will process as a data processor on Our Customers’ behalf. For example, when Our Customers use Our cloud hosting platform to upload contact information relating to their own customers or other personal information about their own end-users, We will act as a data processor and only process such information on Our Customer’s behalf and in accordance with their instructions (as defined in Our Customer agreements). We will use such personal information to:

• provide and deliver the Services to the Customer,
• prevent or address any service or technical issues,
• respond to a Customer’s request, instructions or support request, or
• for any other purpose provided for in the Customer agreement, or in accordance with or as may be required by law.

In such cases, it is the Customer (or, as the case may be, other third parties) who remain responsible for the handling of the personal information and with compliance with any applicable data privacy laws. If You have questions or concerns about how such personal information is handled, You should contact the relevant entity that is using the Services, and refer to their separate privacy policies.

Information We Collect from Other Sources

From time to time, We may receive personal information about You from third-party sources (including public databases, third-party analytics partners, and social media platforms), but only where We have checked that these third-parties either have Your consent or are otherwise legally permitted or required to disclose Your personal information to Us. The types of personal information We collect from third-parties may include name, title, company name, job function, expertise, telephone number, or email address. In addition, we may obtain information about your internet connection and phone number from third-party sources, such as connection type or phone line type, details of the ISP or phone service provider, and location of the internet or phone service. We use the information We receive from these third-parties to improve the security of Our Services, and to deliver relevant customer service information and marketing offers.

Use of Information

We may use the information We collect through the Services for a range of reasons, which include:

• To provide, operate, optimize and maintain the Services;
• To respond to Customer enquiries and support requests, and to provide information and access to resources or services that they have requested from Us;
• To manage and improve the security of the Hostway platform;
• To process and complete billing transactions;
• To compile aggregated statistics about the operation and use of the Services and to better understand the preferences of Our Customers;
• To send Our Customers technical alerts, reports, updates, security notifications and other Service-related communications;
• To carry out research and development to improve Our products and services;
• To send You marketing communications (where this is in accordance with Your communication preferences);
• Investigate and prevent fraud, unauthorized access or use of Services, breaches of terms and policies, and other wrongful behavior;
• To carry out other legitimate business purposes, as well as other lawful purposes, about which We will notify You.

Legal basis for processing (EEA individuals only)

If You are from the European Economic Area (“EEA”), Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which We collect it.

However, We will normally collect personal information from You only where We have Your consent to do so, where We need the personal information to perform a contract with You, or where the processing is in Our legitimate interests and not overridden by Your data protection interests or fundamental rights and freedoms. In some cases, We may also have a legal obligation to collect the personal information in question.

If We ask You to provide personal information to comply with a legal requirement or to perform a contract with You, we will make this clear at the relevant time and advise You whether the provision of Your personal information is mandatory or not (as well as of the possible consequences if You do not provide Your personal information).

Similarly, if We collect and use Your personal information in reliance on Our or a third party's legitimate interests and those interests are not already listed above (in the "Use of Information" section), We will make clear to You at the relevant time what those legitimate interests are.

If You have questions about or need further information concerning the legal basis on which We collect and use Your personal information, please contact Us using the contact details provided in Section 15 below.

Information We Share

We may share and disclose Your personal information to third parties in the following select circumstances:

• Within the Hostway group of companies for the purposes outlined in this Policy.
• To a select number of Data Subprocessors who require access to Your personal information to assist in the provision of the Services, and other security- and operations-related functions.
• To partners and sponsors: Certain parts of the Services may be offered in connection with other companies who are partners or sponsors. When You use these types of Services, We will ensure that the identity of those partners or sponsors is clearly visible and that You have an opportunity not to proceed or to opt out. Such information will be handled in accordance with their own privacy policies and if You have questions, You should contact the partner or sponsor directly.
• We may also disclose your information to third parties: (a) where required by law or regulatory requirement, court order or other judicial authorization, (b) in response to lawful requests by public authorities, including for the purposes of meeting national security and law enforcement requirements; (c) in connection with the sale, transfer, merger, bankruptcy, restructuring or other reorganization of a business; (d) to protect or defend Our rights, interests or property, or that of third parties; (e) to investigate any wrongdoing in connection with the Website or Our services; or (f) to protect the vital interests of an individual.
• With Your consent.

We will not share personal information collected through the Services with third party companies for marketing purposes. We do not display targeted advertisements or other targeted marketing content on our website. The only marketing communications received from Us will be related directly to Services that You have subscribed to, previously used, or requested information about.

Third Party Sites

Our Services may contain links to other websites and services which are outside Our control and are not covered by this Policy. For example, We may partner with other companies so that You can integrate Hostway with other third party accounts. While We try to link only to Services that share Our standards for privacy, We are not responsible for the content, security or privacy practices employed by other sites. If You access other websites or services using the links provided, the operators of these websites and services may collect information from You which will be used by them in accordance with their privacy policy, which may differ from Ours.

Our Security

We maintain reasonable and appropriate security measures to protect Your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We will take all reasonable steps to ensure the safety of Your personal information. For further information about Our security practices, please see Our Data Security statement.

Sensitive Data

Hostway does not knowingly solicit or collect, and You should not provide, any information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive data, as such term is defined in the Hostway Terms of Service.

Information about International Transfers

Your personal information may be stored and processed by Us in any country where We have facilities or where We engage service providers, and by reading this Policy and using the Services, You acknowledge that Your personal information may be transferred to countries outside of Your country of residence, including the United States, which may have different data protection rules to those of Your country. Where We do so, Our collection, storage and use of Your personal information will be in accordance with the purposes set out in this Policy.

Children

The Services are not directed at children under the age of 16. We do not knowingly solicit or collect personal information from children under the age of 16.

Your Choices and Opt-Outs

You can opt out of receiving marketing emails from Us at any time. You can opt out of Our marketing emails by clicking the ‘unsubscribe’ link at the bottom of Our marketing messages. Also, all opt out requests can be made by emailing Us at privacy@solvps.com. Please note that it may take up to 3 days to remove Your contact information from Our marketing communications lists, so You may receive correspondence from Us for a short time after You make Your request. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management and You cannot opt out of these messages unless You request to deactivate Your Hostway account.

Other Data Rights

Hostway takes reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date. You can manage many of Your account and profile settings within the dashboard provided as part of the Hostway platform. However, if You want to contact Us directly about accessing, changing or deleting Your personal information, or altering Your data or marketing preferences, please email Us at privacy@solvps.com. We will respond to Your request in accordance with applicable laws.

If You are from certain territories (such as the European Union), You may have additional data protection rights, such as broader rights to access and deleted Your personal information, as well as rights to:

• Restriction: You can ask Us to restrict processing Your information in certain circumstances;
• Objection: You can object to further processing Your personal information in certain circumstances;
• Withdrawal of consent: Where We rely on Your consent to process Your personal information, You have the right to decline consent and/or if provided, to withdraw it at any time. This will not affect the lawfulness of processing prior to the withdrawal of Your consent.
• Portability: You can ask Us to provide Your information in a structured, commonly use and machine-readable form in certain circumstances.

If You would like to exercise the above rights, please write to Us using the contact details in Section 15 below and We will consider Your request in accordance with applicable data protection laws. We may ask You to verify Your identity in order to help Us respond to Your request.

You also have the right to raise questions or complaints with Your data protection authority at any time.

Please note that if We are processing Your personal information on behalf of Our Customers as a data processor, then You should direct any data rights requests to Our Customer who holds the Hostway account. We will not be able to respond directly to such requests and will refer any such requests to the relevant Customer.

Your California Privacy Rights

California law provides that California residents have a right to request that businesses tell them how their personally identifiable information has been shared with third parties for those third parties’ direct marketing purposes. However, there is an exception to this requirement for businesses that have adopted and disclosed, in their privacy policy, a policy of not disclosing a person’s personally identifiable information to third parties for those third parties’ direct marketing purposes if that person has exercised an option to opt-out of the disclosure of their personally identifiable information to third parties for such purposes. Hostway has adopted a policy of allowing You to opt-out of the disclosure of Your personally identifiable information to third parties for their direct marketing purposes and thus falls within this exception. Instructions for opting out can be found in the section entitled found in the Choice and Opt-Out section above.

Retention of Your Personal Information

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other lawful purposes.

Where We have no ongoing legitimate business need to process Your personal information, We will either delete or anonymize it or, if this is not possible (for example, because Your personal information has been stored in backup archives), then We will securely store Your personal information and isolate it from any further processing until deletion is possible.

Any personal information that We process on behalf of Our Customers is retained in accordance with the timeframes set out in the relevant Customer agreements.

Updates to this Policy

We reserve the right to change or update this Policy from time to time. If material changes are made, We will place a prominent notice on Our Website or Services for at least 30 days prior to the change taking effect, or communicate with You directly by email or through the Services, and will update the last revised date at the top of this Policy. We encourage You to regularly check back on this page to ensure You are up to date with any changes.

How to Contact Us

If You have any questions or concerns regarding the use or disclosure of Your personal information through the Services, You can contact Us by sending an email to privacy@solvps.com, Our Data Protection Officer by sending an email to dpo@solvps.com, or by mail at: 3923 W. 6th St., Suite 315, Los Angeles, CA 90020, U.S.A.

Last Updated May 14, 2018