Privacy Policy

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Last Updated: December 05, 2018

BWHost LLC (“BWHost,” “we,” “us,” or “our”) respects your privacy and is committed to protecting the Personal Data it collects. The purpose of this Privacy Policy is to inform you of how we protect your privacy when accessing or using BWHost Resources.

General Terms and Privacy Shield Notice

Scope
This Privacy Policy applies to BWHost Resources that link to, or reference, this Privacy Policy, and describes the ways BWHost collects and uses your personal information and the choices you have regarding collection, use, maintenance, access and transmission of your personal information. Capitalized terms not expressly defined in this Privacy Policy shall have the meaning found in the Customer Agreement. By utilizing a BWHost Resource, including without limitation the BWHost Services, BWHost’s website or otherwise providing your Personal Data to BWHost via any other means, you or the entity you represent (“you” or “your”) accept and consent to the rights, obligations and practices described in this Privacy Policy.

Privacy Shield and Cross-Border Transfers of Personal Data
BWHost is an international organization headquartered in the United States of America (the “US”). By utilizing a BWHost Resource, you expressly consent to BWHost’s access, maintenance, transmission and/or use of your Personal Data outside of your country of residence, regardless of location or jurisdiction.

This means that your use of a BWHost Resource may result (i) in your Personal Data being stored and/or processed in any country that BWHost, our affiliates or our subprocessors maintain facilities, and (ii) that while in such jurisdictions, your Personal Data may be subject to access pursuant to the laws of those jurisdictions (which may be more or less comprehensive as the laws of your country). To obtain a list of BWHost’s affiliates and subprocessors, please email [email protected].

In addition to our obligations under US law, BWHost supplements the protection of the international transfer of your Personal Data in the following ways:

  • EU-US Privacy Shield. The European Union – US Privacy Shield Framework (“EU-US Privacy Shield”) is an international agreement between the European Union (“EU”) and the US regarding the collection, use, and retention of personal information transferred from the European Economic Area to US data processors. The EU-US Privacy Shield is administered by the United States Department of Commerce and governed by the EU-US Privacy Shield Principles. BWHost participates and complies with the EU-US Privacy Shield and agrees that all cross-border transfers of Personal Data from/to the European Economic Area are subject to the EU-US Privacy Shield Principles. As a participant of the EU-US Privacy Shield, BWHost is subject to the regulatory enforcement powers of the US Federal Trade Commission, and in some instances, may be required to disclose Personal Data to lawful requests by public authorities. In the event of a conflict between the terms in this Privacy Policy and the EU-US Privacy Shield Principles, the EU-US Privacy Shield Principles shall govern. To learn more about the Privacy Shield and to view BWHost’s EU-US Privacy Shield certification, please visit https://www.privacyshield.gov/.
  • Swiss-US Privacy Shield. The Switzerland – US Privacy Shield Framework (“Swiss-US Privacy Shield”) is an international agreement between Switzerland and the US regarding the collection, use, and retention of personal information transferred from Switzerland to US data processors. The Swiss-US Privacy Shield is administered by the United States Department of Commerce and governed by the Swiss-US Privacy Shield Principles. BWHost participates and complies with the Swiss-US Privacy Shield and agrees that all cross-border transfers of Personal Data from/to Switzerland are subject to the Swiss-US Privacy Shield Principles. As a participant of the EU-US Privacy Shield, BWHost is subject to the regulatory enforcement powers of the US Federal Trade Commission, and in some instances, may be required to disclose Personal Data to lawful requests by public authorities. In the event of a conflict between the terms in this Privacy Policy and the Swiss-US Privacy Shield Principles, the Swiss-US Privacy Shield Principles shall govern. To learn more about the Privacy Shield and to view BWHost’s Swiss-US Privacy Shield certification, please visit https://www.privacyshield.gov/.

Third Party Transfers of Data
BWHost may transfer Personal Data to third parties acting on our behalf when operationally necessary to provide the Services. If BWHost has received your Personal Data in the US or the EU and subsequently transfers your Personal Data to a third party acting on our behalf, and such third-party agent processes your Personal Data in a manner that is inconsistent with the applicable Privacy Shield Principles, BWHost will remain responsible and liable unless we can prove that BWHost is not responsible for the event giving rise to the damage.

Dispute Resolution
Please direct any complaints regarding this Privacy Policy to us at [email protected], or via postal mail or facsimile using contact information found on BWHost’s Contact Us page. We will attempt to resolve any such complaints in a reasonably timely manner and in accordance with this policy.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

You may also, under certain circumstances, invoke binding arbitration for complaints not resolved by the dispute resolution procedures described in this section. For more information about binding arbitration and the Privacy Shield frameworks, please visit the Privacy Shield website at https://www.privacyshield.gov/.

Additional Terms

  1. Who does the Privacy Policy apply to? This Privacy Policy applies to all Customers of, and Visitors to, any BWHost Resource or BWHost Service. In the case of Customers, the Account Holder shall be responsible for (i) informing their End Users, if any, of the existence of this Privacy Policy, as well as any amendments, updates or modifications made to this Privacy Policy and (ii) agreeing to this Privacy Policy, as amended, updated or modified from time to time, on behalf of his, her or its End Users.
  2. What Personal Data is Collected by BWHost? BWHost considers any information that can be used to directly or indirectly identify you to be Personal Data, including without limitation, Personal Data that is accessed, collected, maintained, transmitted and/or used by BWHost in the normal course of our business, and is subject to the provisions of this Privacy Policy and applicable law.
  3. How is Personal Data Collected by BWHost? BWHost collects and logs your IP address, the time and duration of your visit, the time and duration of the pages on BWHost’s website that you view (where applicable) and information about your computer system, such as your browser type and operating system, whenever a BWHost Resource is accessed or used by you. In the case of Customers, we collect, maintain, transmit and/or use Personal Data provided by you in your Account, including without limitation, your full name, BWHost identification number, billing data and contact information. BWHost also collects anonymous usage information on Visitors to its website through use of Google Analytics. Google Analytics may employ third party tracking cookies to gather anonymous browser, operating system, geographic, and website navigation information. Use of the BWHost Manager interface requires the acceptance of cookies for login session management purposes. BWHost will likely place a cookie on your hard drive during the web visit. A cookie is a unique alphanumeric identifier that BWHost uses to determine the number of unique Visitors that view its website, whether or not those Visitors are repeat Visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read cookies and personal information cannot be gathered from cookies. Cookies are simply an identifier shared between you and BWHost to allow BWHost to improve the services BWHost offers to you through its website. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is normally found in your browser’s “security settings” section. However, please note, permanently disabling cookies in your browser may hinder your use of BWHost’s website as well as other website and interactive services. A web beacon, also known as a web bug, is a small graphic (usually 1 pixel x 1 pixel), that is embedded in a web advertisement, email, or page on BWHost’s website, which is invisible to you. When you view a page on BWHost’s website, an e-mail or an advertisement, your web browser will request the web beacon from a web server, which in turn will set a cookie in your web browser containing a unique identifier. This unique identifier will be linked to log information that is used to track your usage of BWHost’s website in order to determine the effectiveness of content and advertising campaigns. BWHost does not collect personal information about you as part of a web visit, but web visit information may be tied to other information (including personal information) that BWHost collects from you via chat, web forms, and the other means BWHost describes in this Privacy Policy.
  4. Why Does BWHost Collect Personal Data? For Customers
    BWHost may use your Personal Data to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of BWHost’s website, and to enable BWHost to review, develop and continually improve the products, services and offers that it provides. BWHost also uses this information to prevent or detect fraud or abuses of BWHost’s website and to enable third parties to carry out technical, logistical or other functions on its behalf. For Visitors
    BWHost uses Personal Data to send information about BWHost to Visitors and to contact them when necessary. BWHost also uses the information that it collects to improve the content of its website and as training aids for its employees. Visitors have discretion as to whether to grant information to BWHost upon BWHost’s request for information. For Financial Information
    BWHost may ask Customers to enter credit card or account information in order to process orders for services placed with BWHost. Financial information provided via its website is transferred over a secure connection via Worldpay, Inc. a payment processing company. BWHost does not collect this information and will not authorize the release of the information to anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes by Worldpay, Inc. Credit card numbers are used by Worldpay, Inc. only for processing payments and are not used for any other purposes. BWHost entered into a written agreement with Worldpay, Inc. and it will continue to enter into written agreements with third parties that provide credit card processing services. BWHost will ensure that appropriate security and confidentiality measures are in place in safeguarding your personal data. For Use Information
    BWHost uses website use information to measure interest in and develop its web pages and marketing plans, customize the content you view on your web visits based on your activity during past visits, and administer BWHost’s website. In addition:
    1. BWHost uses a Visitor’s IP address to help diagnose problems with its servers, and to administer its website.
    2. BWHost uses cookies to help it recognize Visitors as unique Visitors when they return to BWHost’s website. BWHost also uses cookies to tailor content or advertisements to match your preferred interest; avoid showing Visitors the same advertisements repeatedly; compile anonymous, aggregated statistics that allow BWHost to understand how users use its site and to help it improve the structure of its website (BWHost cannot identify Visitors personally in this way); and count the number of anonymous users of its websites.
    3. BWHost uses web beacons to count the number of times that its advertisements and web-based e-mail content are viewed. BWHost combines web beacon information with cookies to track activity on its website originating from advertisements and web-based e-mail content. For Support Information
      BWHost uses information that you provide to it via telephone calls, chat, e-mail, web forms and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, BWHost will use the information to establish your account. Information you submit in writing, such as chat, e-mail, and web form information is archived and may be tied to information that BWHost collects about your web visits. Your telephone call may be recorded for training purposes and BWHost may enter information you provide via telephone into its systems to use for the purposes described in this paragraph.
  5. What does BWHost Disclose to Regulatory Agencies and other Third Parties? BWHost transfers Personal Data to third parties, including without limitation, law enforcement agencies and consumer reporting agencies, in the normal course of business, subject to service of lawful process or your written consent. If you breach the Customer Agreement or other applicable Service Level Agreement, or if BWHost is under a duty to disclose your Personal Data in order to comply with any legal obligation, BWHost may disclose your information to the relevant authority. Disclosure may include, but is not limited to, exchanging information with other companies and organizations for the purposes of regulatory auditing, fraud protection and credit risk reduction. In particular, BWHost may release the information it collects to third parties when BWHost believes that it is appropriate to comply with the law, to enforce legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct. In the event of a Customer request for the disclosure of Personal Data by BWHost, Customer will be responsible for the cost of disclosure efforts outside of BWHost’s normal course of business. BWHost may release the information it collects to third parties, where the information is provided to enable such third party to provide services to BWHost, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Policy, and is permitted to use the information only for the purpose of providing services to BWHost.
  6. Exercising User Choice Subject to applicable law, you have the choice to and right to limit, restrict or deny BWHost’s ability to share your Personal Data with third parties or use of your Personal Data for a purpose that is materially different from the purpose for which it was originally collected or authorized by you. In order to exercise your right to choose, please contact us at [email protected], or via postal mail or facsimile using contact information found on BWHost’s Contact page. Please note, in the absence of any notice to the contrary, you expressly grant BWHost permission to share your Personal Data at BWHost’s discretion.
  7. Security and Integrity of your Personal Data BWHost intends to protect and secure your Personal Data in accordance to the terms of this Privacy Statement and the Customer Agreement, and has implemented physical, administrative and technical measures designed to protect your Personal Data from unauthorized access, use or disclosure. These industry-standard safeguards are consistent with the ISO/IEC 27001:2013 standard, and include without limitation encryption of credit card information, password and/or cryptographic key-based authentication controls on servers which house personal information, browser-based secure sockets layer encryption, and other storage system access control mechanisms to protect the integrity of internal databases and prevent unauthorized access. BWHost requires all BWHost business partners and vendors to provide the same or greater protections for any Personal Data that is disclosed by BWHost in furtherance of our provision of a BWHost Resource to you. To learn more about BWHost’s contractor requirements, please contact us at [email protected], or via postal mail or facsimile using contact information found on BWHost’s Contact Us page.
  8. Access to Personal Data You control access to Personal Data maintained or stored by you via BWHost’s web-based interface for account management. You may update your information at any time. You may cancel your account at any time and may request that your personal information be deleted from BWHost’s databases, with the exception of: network access logs, which may be stored for any duration of time at BWHost’s discretion, cases where financially fraudulent or otherwise illegal activity is deemed to have occurred (as determined by BWHost management or law enforcement officials), in which case personal information may be retained indefinitely for purposes of ongoing investigation and prevention of fraud recurrence, or cases where a violation of the Customer Agreement and applicable Service Level Agreement has resulted in cancellation of your account (as defined by revocation of your permission to utilize BWHost’s services), in which case personal information may be retained indefinitely for purposes of prevention of further use of BWHost’s services in the future by the offending individual. Upon request, BWHost will grant you reasonable access to Personal Data maintained by BWHost about you. In addition, we will take reasonable steps to correct, amend or delete information that is demonstrated by you to be inaccurate, incomplete or processed in violation of applicable law. Unless required by law, BWHost will not permit you to access the Personal Data of any Data Subject other than yourself.
  9. Sensitive Information BWHost will not intentionally collect or maintain, and requests that you do not provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information. If you host any material or information that is sensitive and/or subject to the Graham-Leach Bailey Act, the Health Information Privacy Portability and Accountability Act, or any other law or regulation, such information and compliance with applicable privacy laws remains solely your responsibility. BWHost is not responsible for any sensitive information stored by you on its system.
  10. Children’s Online Privacy Protection BWHost’s services are not designed for or directed to children under thirteen (13) years of age and BWHost will not intentionally collect or maintain information about anyone under thirteen (13) years of age.
  11. Unmanaged Service You bear sole responsibility for maintaining the security of virtual private server (“VPS”) environments maintained under your account(s). You are solely responsible for ensuring compliance with any and all applicable privacy guidelines and regulations for all jurisdictions in which you may operate with respect to appropriate practices for the collection, storage, and dissemination of personal information using your BWHost VPS. In no event shall BWHost be held liable for your failure to adopt and/or practice appropriate measures for safeguarding personal information stored within or transmitted through your BWHost VPS.
  12. Enforcement If you believe your Personal Data has been used in a way that is not consistent with this Privacy Policy, or if you have further questions regarding this Privacy Policy, please contact our Custodian of Records via email 
  13. Definitions
    1. “Custodian of Records” means the BWHost employee described in Section 14 of this Privacy Policy.
    2. “Customer Agreement” means the BWHost Data Processing and Customer Agreement published here, as amended at BWHost’s sole and absolute discretion from time to time.
    3. “IP” means any internet protocol address, including without limitation, unique and non-unique network addresses.
    4. “Personal Data” means any information relating to a Data Subject that you or your End Users directly or indirectly provide to us as part of the BWHost Services or any Data Subject’s use of any BWHost Resource.
    5. “Privacy Policy” means this policy, as amended at BWHost’s sole and absolute discretion from time to time.
    6. “Visitor” or “Visitors” means any individual(s) or entity(ies) that accesses, maintains, transmits, develops, acquires, operates or otherwise uses any BWHost Resource but is not a Customer.
  14. Changes Amendments to this Privacy Policy may be made at any time and you should check back frequently for any changes. BWHost will also provide public notice of amendments to this Privacy Policy on the appropriate BWHost Resource. Unless otherwise directed by you in writing to the Custodian of Records, you agree that BWHost shall have the right and ability to amend this Privacy Policy at BWHost’s sole and absolute discretion, and that you waive any requirement for specific or expressed acknowledgement or agreement to any such amendments or modifications. This Privacy Policy was last updated on December 05, 2018.
  15. Verification BWHost utilizes the self-assessment approach to assure its compliance with its Privacy Policy. BWHost regularly verifies that the Privacy Policy is accurate, comprehensive, prominently displayed, completely implemented and in conformity with applicable international law. BWHost conducts its self-assessment on an annual basis to ensure that all relevant privacy practices are being followed. Appropriate employee training is in place and internal procedures for periodically conducting objective reviews of compliance are in place. A statement verifying this self-assessment is signed by a corporate officer or other authorized representative at least once per year.

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