Privacy Policy

legal
Tuesday August 22, 2023
Web Hosting - Privacy Policy

HOSTNEY, LLC. ("HOSTNEY," "we," "us," "our") maintains this Privacy Policy to inform you about how we handle personal data collected from or about you in relation to our website (the "Site") or the provision of our services (the "Services"). We may update this Privacy Policy periodically. Significant changes will be communicated to you through a notice on our website or other mutually agreed-upon means if you are a customer. The current version of this Privacy Policy can be accessed on our website. By using the Site or the Services, you acknowledge your consent to the practices outlined in this policy.

If you are a customer subject to the privacy laws of California or the European Union, the Data Processing Addendum found at Data Processing Addendum (which may be updated periodically) governs our obligations regarding personal data as defined by those laws.

1. Personal Data We Collect

Information You Give Us

To enable you to utilize HOSTNEY's Services and access various features on our Site, we may request certain personal data from you (such as contact information, name, etc.). The extent and type of information we collect depend on the nature of your interaction with us. Customers purchasing our Services will be required to provide additional information, including personal and financial details necessary for transaction processing. We only collect such information to the extent that it is necessary or appropriate to fulfill the purpose of your interaction with us. You have the right to decline to provide personal data; however, this may result in the inability to receive our Services or engage in certain activities on the Site. It is important to note that we will never request sensitive personal data (e.g., health information, religious preferences, etc.) from you. We explicitly request that you refrain from providing any such sensitive personal data to us.

Web Server Logs

Similar to the practices of most websites, certain information is automatically collected when you use the HOSTNEY Site. This information may include Internet Protocol (IP) addresses, browser type, Internet service provider (ISP), referring or exit pages, the files viewed on the Site (such as HTML pages, graphics, etc.), operating system, date/time stamp, and clickstream data. The purpose of collecting this information is to analyze trends collectively and manage the site effectively. We utilize analytical software to gain insights from this data, which may be shared with the software's licensor. It's important to note that other websites and companies may also employ this software. Consequently, the licensor may collect information that, when combined, enables individual identification. We bear no responsibility for the collection and utilization of data by the licensor in such cases.

Cookies

We, along with our partners, utilize cookies and similar technologies to analyze trends, administer the Site, track user activity on the Site, and gather demographic information about our user base as a whole. You have the ability to control cookie usage at the individual browser level.

Please note that advertisements displayed on our Site may be delivered by advertising partners who may utilize cookies. These cookies enable the ad server to recognize your computer and gather information about your online activities, as well as the activities of others who use your computer. The collected information assists ad networks in delivering targeted advertisements that they believe will be most relevant to you. It's important to understand that this Privacy Policy pertains to our use of cookies and does not encompass the use of cookies by advertisers. However, the data tracking files utilized by us may also be utilized by these advertisers. When combined with other information held by them, these files may be used to personally identify you.

For more details on third-party cookies and instructions on how to opt out of cookies set by members of the National Advertising Initiative, please visit the National Advertising Initiative's website. Alternatively, if you are located in the European Union, please visit the European Interactive Digital Advertising Alliance.

Information Collected by You

In relation to the Services we offer, HOSTNEY's customers may gather personal data. It is important to note that the customers themselves have control over the personal data they collect. HOSTNEY will not utilize or disclose such personal data unless specifically authorized or directed by the customer as part of our service provision and in accordance with our agreement with that customer. If your personal data is under the control of one of our customers and you have any concerns regarding its management or if you wish to exercise your rights relating to that data (such as access, correction, or deletion), please reach out directly to the respective customer.

Your Personal Data in Use

HOSTNEY will solely utilize the personal data we gather to the extent reasonably necessary for the following purposes:

  • To deliver the Services to you as our valued customer
  • To enable your usage and interaction with the Site
  • To contribute to the ongoing development of the Site and the Services through informative insights
  • To periodically engage in communication with you, responding to your information requests or any matters relevant to your account with us
  • As necessitated by relevant laws or legal obligations regarding record retention or for internal administrative purposes; or
  • Only as explicitly authorized by you in written form

Sharing Information with Third Parties

We will only disclose your personal data to third parties in the following circumstances:

  • We may disclose your personal data if we reasonably believe it is necessary to comply with applicable laws or legal requests
  • To uphold our legal and contractual rights, or to safeguard the rights and safety of others
  • We may share your data with third parties who assist us in delivering specific aspects of the Site or the Services, to the extent necessary for their support. However, they are strictly prohibited from disclosing your data further or using it for any other purposes; or
  • In the event of a sale of our assets or a merger involving our company, your personal data may be transferred as part of the transaction

We retain responsibility for ensuring that third parties to whom we disclose your personal data comply with this Privacy Policy.

Protecting Personal Data

We have implemented reasonable measures and appropriate procedures to enforce these policies and protect the personal data we collect. However, we cannot guarantee that the personal data we collect will never be disclosed in a manner inconsistent with this Privacy Policy. We adhere to generally accepted standards to safeguard personal data during transmission and upon receipt.

Your Rights over Personal Data that We Control

Upon your request, HOSTNEY will furnish you with details concerning the personal data collected by us or under our control. If you wish to modify the information we have on record about you, you can do so by logging into your account and making the necessary changes. In case you lack access to certain information or are unable to make changes on your own, you can submit a support request for assistance. Please note that deleting information covered by this Privacy Policy upon your request may affect our ability to provide you with the Services. To update or correct your personal data, you can contact us in writing at HOSTNEY, LLC., Attn: Legal Department, 2690 Coral Landings Blvd 417, Palm Harbor, FL 34684, or by emailing legal@hostney.com. We will address your request within a reasonable timeframe. HOSTNEY's User Portal allows you to opt out of receiving further communication from us. Alternatively, you can reach out to us using the contact details provided here. However, please be aware that as our customer, certain administrative or billing communications crucial to maintaining your account may be exempt from the opt-out feature. We retain your personal data for a duration necessary to fulfill the purposes described in this policy. Furthermore, we retain this information as required by law, to meet our legal obligations, resolve disputes, and enforce our agreements.

California Residents

This section pertains to the rights and responsibilities concerning the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2023 (collectively referred to as the "California Privacy Laws") for residents of the State of California. The terms used in this section carry the same definitions as provided in the California Privacy Laws.

2. Information We Collect

Our website collects personal information that can identify, describe, relate to, be associated with, or be linked to a specific consumer or device ("personal information"). Within the last 12 months, our website has collected the following categories of personal information from visitors:

Category: Identifiers

Examples:

  • Real name
  • IP address
  • Email address
  • Account name; or
  • Similar identifiers.

Category: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Examples:

  • Name
  • Address

Category: Internet or similar network activity

Examples:

  • Browsing history
  • Search history
  • Information about interactions with websites, applications

Category: Geolocation data

Examples:

  • Physical location; or
  • Movement information

Personal information does not include:

  • Publicly available information from government records
  • De-identified or aggregated consumer information
  • Information excluded from the scope of the California Privacy Laws

We obtain the listed categories of personal information from the following sources:

  • Directly from you, such as through forms completed on our website
  • Indirectly from you, such as by observing your actions on our website or interactions with our advertisers
  • WHOIS Information

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the purpose for which you provided the information. For example, if you provide your contact information to request a price quote or inquire about our products or services, we will use that information to respond to your request. If you provide personal information to make a purchase, we will use it to process your payment and arrange for delivery. We may also retain your information to assist with future orders or returns.
  • To provide customer support and address your inquiries, including investigating and resolving any concerns you may have and improving our responses.
  • To comply with law enforcement requests and meet legal obligations as required by applicable laws, court orders, or governmental regulations.
  • As explained to you at the time of collecting your personal information or as otherwise stated in the California Privacy Laws.
  • We will not collect additional categories of personal information or use the personal information we have collected for purposes that are materially different, unrelated, or incompatible without notifying you.

Sharing Personal Information

We share all of the mentioned categories of personal information with our third-party service providers, who are bound by written contracts. These contracts outline the purpose of the disclosure and require the recipients to maintain the confidentiality of the personal information and use it solely for fulfilling the contracted services.

Sales of Personal Information

We do not and will not sell your personal information.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information regarding our collection and use of your personal information in the past 12 months. Upon receiving and verifying your request, we will provide you with the following:

  • The categories of personal information we collected about you.
  • The sources from which we collected your personal information.
  • The business or commercial purpose for collecting or selling your personal information.
  • The categories of third parties with whom we shared your personal information.
  • The specific pieces of personal information we collected about you (data portability request).
  • The categories of personal information we sold to third parties and the categories of recipients.
  • The categories of personal information we disclosed for business purposes and the categories of recipients.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise your rights regarding access, data portability, and deletion as mentioned above, you can contact us via email at legal@hostney.com. Please note that only you or a person authorized by you, who is registered with the California Secretary of State, can submit a verifiable consumer request concerning your personal information. If you are requesting on behalf of your minor child, you may do so as well. Keep in mind that you can make a verifiable consumer request for access or data portability a maximum of two times within a 12-month period. The verifiable consumer request should include the following:

  • Sufficient information to reasonably verify your identity or the authorized representative's identity making the request.
  • A clear and detailed description of your request to ensure proper understanding, evaluation, and response.

If we are unable to verify your identity or confirm the relevance of the personal information provided, we may not be able to fulfill your request or provide you with the requested personal information. Please be aware that personal information provided in a verifiable consumer request will only be used for the purpose of verifying the requester's identity or authority to make the request.

Response Timing and Format

We strive to respond to your verifiable consumer request within 45 days from the time we receive it. In case we need more time to process your request, we will notify you in writing about the reason for the extension and the extended timeframe. You have the option to receive our written response either by mail or electronically. Please note that any information we disclose will pertain to the 12-month period preceding the receipt of your request. If applicable, our response will also include an explanation of the reasons we are unable to fulfill a specific request.

For data portability requests, we will select a format to provide your personal information that is easily usable and enables you to transmit the information from one entity to another without obstacles, particularly through electronic mail communication.

There is generally no fee associated with processing or responding to your verifiable consumer request, unless the request is excessive, repetitive, or clearly unfounded. If we determine that a fee is warranted, we will explain the reasons for this decision and provide you with a cost estimate before proceeding with your request.

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