LLC (“BWHost,” “we,” “us,” or “our”)
respects your privacy and is committed to protecting the Personal
of how we protect your privacy when accessing or using BWHost
Terms and Privacy Shield Notice
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
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
Shield and Cross-Border Transfers of Personal Data
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.
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].
addition to our obligations under US law, BWHost supplements the
protection of the international transfer of your Personal Data in the
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
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
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
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/.
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.
at [email protected],
or via postal mail or facsimile using contact information found on
We will attempt to resolve any such complaints in a reasonably timely
manner and in accordance with this policy.
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)
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/.
- 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:
- BWHost uses a Visitor’s IP address to help diagnose problems with its servers, and to administer its website.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- “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.
- “IP” means any internet protocol address, including without limitation, unique and non-unique network addresses.
- “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.
- “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.