This privacy notice explains how VPSSERVER.COM and its affiliates ("Company") collect, use, store and share Personal Data (as defined below) in relation to Company's websites, products, services, and experiences (together, the “Services”).
1.1 This Privacy Notice ("PN") is in effect as of the date set forth below.
1.2 This PN does not apply to any content processed stored or hosted by you (“User") when using the
Services, as Company’s customer (“Customer Data"). The Company process such Customer Data, in its
position as a processor (or under the CCPA, as a service provider, on behalf and under the
instruction of the User subject to Company’s Data Processing Agreement. Also, the PN does not apply
to any products, services, websites, links or any other content that might be offered on the
Services by third parties. User is advised to check the terms of use, privacy policies of such third
parties.
1.3 Users are not under any legal obligation to submit Personal Data to Company. However, in case
User chooses not to submit Personal Data to Company, User may not be able to become a User and/or
use certain Services.
1.4 Company may change this PN from time to time, therefore User should check back periodically.
Company will post any changes to this PN on its websites (the "Site"). If Company makes any changes
to this PN that materially affect Company's practices with regard to the Personal Data Company
previously collected from User, Company will endeavor to provide User with notice in advance of such
change by highlighting the change on the Site. Company will seek User's prior consent to any
material changes, if and where this is required by Applicable Data Protection Laws (as defined in
the DPA). Terms used in this PN but not defined herein (whether or not capitalized) shall have the
meanings assigned to such terms in the Terms (as defined under DPA or in the Applicable Data
Protection Laws, as applicable.
Company collects any data User provides Company with, including but not limited to:
Company automatically collects data when User visits, interacts with, or uses the Services,
including but not limited to:
3.1. The Company processes User's Personal Data to operate, provide, and improve the Services,
including but not limited to:
3.1.1. creating and managing User profiles;
3.1.2. contacting User by the Company and communicating with User with respect to the Services, e.g.
by phone, email, chat; responding inquiries from User;
3.1.3. informing User about updates or offers;
3.1.4. personalizing the Services, i.e. identifying User's interests and recommending offers that
might be of interest to User;
3.1.5. marketing and promoting Company's Services;
3.1.6. providing assistance and support;
3.1.7. fulfilling User requests; meeting contractual or legal obligations;
3.1.8. protecting Users security, e.g. preventing and detecting fraud;
3.1.9. internal purposes, e.g. trouble shooting, data analysis, testing and statistical purposes.
4.1. The Company uses tracking mechanisms such as cookies in order to provide the Services.
4.2. By clicking on a link to a third-party website or service, a third party may also transmit
cookies to User. This PN does not cover the use of cookies by any third parties, and Company is not
responsible for such third parties' privacy policies and practices.
4.3. The Company uses Google Analytics. Please click on
www.google.com/policies/privacy/partners/ in order to find out how Google Analytics collects and
processes data.
4.4. THE COMPANY USES FACEBOOK PIXELS.
5.1. Company may be required to retain or disclose personal information in order to:
5.1.1. comply with applicable laws or regulations;
5.1.2. comply with a court order, subpoena or other legal process;
5.1.3. respond to a lawful request by a government authority, law enforcement agency or similar
government body (whether situated in User's jurisdiction or elsewhere);
5.1.4. engage with third-party service providers and/or sub-contractors which provide services
for
Company's business operations, a list of which can be received upon request.
5.1.5. disclose to third parties aggregated or de-identified information about Users for
marketing,
advertising, research, or other purposes;
5.1.6. disclose and/or transfer data to another entity if Company is acquired by or merged with
another company, if Company sells or transfer a business unit or assets to another company, as
part
of a bankruptcy proceeding, or as part of any other similar business transfer;
5.1.7. Company believes release is appropriate to comply with the law, enforce or apply
Company's terms and
other agreements, or protect the rights, property, or security of Company, Users, or others.
This includes
exchanging information with other companies and organizations for fraud prevention and detection
and credit risk
reduction.
It shall hereby be clarified that the Company will not share any User information regarding
products and
services with any 3rd party software license provider, unless User agreed to such disclosure of
information when
purchasing such products and services.
Company has taken appropriate technical and organizational measures to protect the information
Company
collects about User from loss, misuse, unauthorized access, disclosure, alteration, destruction,
and any
other form of unauthorized processing. User should be aware, however, that no data security
measures can
guarantee 100% security.
8.1. Company currently maintains, stores and processes Personal Data in the following
jurisdictions North
America, Europe, Middle East, Asia and other locations as reasonably necessary for the proper
performance and
delivery of the Services, or as may be required by applicable law.
8.2. Data protection and privacy laws may vary between jurisdictions, nevertheless, the Company
will comply with
reasonable industry standards, and apply such appropriate lawful mechanisms and contractual
terms as required to
ensure adequate protection of the Users’ Personal Data, as set forth in this PN. For data
transfers from the
EEA, the UK to countries which are not considered to be offering an adequate level of data
protection, Company
(and anyone acting on its behalf) have entered into Standard Contractual Clauses, as applicable.
Company may retain certain Personal Data of Users as long as reasonably required for the
following purposes, at
Company’s sole discretion: (i) to preserve the relationship with Users; (ii) to provide Users
with the Services;
(iii) to comply with Company’s legal or contractual obligations; or (iv) to protect Company from
any potential
disputes.
The Company will only process User's Personal Data if it has one or more of the following legal
bases for doing
so:
10.1.1. Contractual Necessity: processing of Personal Data is necessary to enter into a contract
with User, to
perform Company's contractual obligations to User under the terms of use ("TOU"), to provide the
Services, to
respond to requests from User, or to provide User with customer support;
10.1.2. Legitimate Interest: Company has a legitimate interest to process User's Personal Data;
10.1.3. Legal Obligation: processing of User's Personal Data is necessary to comply with
relevant law and legal
obligations, including to respond to lawful requests and orders; or
10.1.4. Consent: processing of User's Personal Data with User's consent.
10.2.1. Subject to Applicable Data Protection Laws, User has certain rights with respect to
User's Personal
Data, including the following:
10.2.1.1. User may ask whether Company holds Personal Data about User and request copies of such
Personal Data
and information about how it is processed;
10.2.1.2. User may request that inaccurate Personal Data is corrected;
10.2.1.3. User may request the deletion of certain Personal Data;
10.2.1.4. User may request the Company to cease or restrict the processing of Personal Data
where the processing
is inappropriate;
10.2.1.5. When User consents to processing User's Personal Data for a specified purpose by
Company, User may
withdraw User's consent at any time, and Company will stop any further processing of User's data
for that
purpose.
10.2.2. In certain circumstances, Company may not be able to fully comply with User's request,
such as if it is
frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not
required by law,
however, in those circumstances, Company will still respond to notify User of such a decision.
10.2.3. User can exercise User's rights of access, rectification, erasure, restriction,
objection, and data
portability by contacting the Company at support@vpsserver.com . In some cases, Company may
need User to provide
Company with additional information, which may include Personal Data, if necessary to verify
User's identity and
the nature of User's request.
11.1. Company will at all times comply with all applicable data protection laws (including the
CCPA and CPRA) and only process Personal Data on User's behalf.
11.2. Company will (i) not collect, retain, use, or disclose Personal Data for any purpose other
than for the specific purposes set out in the Company TOU , PN and/or the DPA between Company
and User; (ii) not sell or share Personal Data (as defined under the CCPA) for the intentions
and purposes of the CCPA or CPRA,; and (iii) put in place appropriate technical and
organizational measures to protect Personal Data against unauthorized or unlawful processing or
accidental destruction, loss or damage.
The Company's Services are not intended for children. Children under 18 years of age, may use
the Services only with the involvement of a parent or guardian.
If User has any questions about this Privacy Notice or Company data practices generally, please contact us using the following information: