Our Terms

TERMS OF SERVICE

Welcome to HPD Hosting Privacy Policy

Privacy Policy

1. Parties

  1. This is HPD Hosting, Inc.’s (“HPD Hosting”, “we”, or “our”) Privacy Policy.  This Privacy Policy discusses the ways in which we collect, use, maintain and disclose information collected by us from our customers, visitors to our websites, and, in some cases, visitors to our customer’s websites (“Users”).  Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services.

    2. Purpose

    The nature of internet business requires us to collect information from Users. While this policy is entitled a “privacy policy,” it discusses all of the ways in which we use information collected directly or indirectly from our Users, including personally-identifiable information gathered by us (“PI”) and other anonymous information (“AI”) (collectively, “Information”).  Information transmitted, collected, processed or which is otherwise provided to us by Users is not necessarily considered by us to be private. Please review this Privacy Policy carefully to determine how we treat this information.

    3. Acceptance of the Policy

    You accept this Privacy Policy by using our website, placing an order for Services (as defined in the Terms of Service) with us or joining our email list.

    4. Changes to Policy

    If we make a change to this Policy that, in our sole discretion, is material, we will notify you by email, post a notice of such changes on the Site or flag our Privacy Policy on the Site as updated.  You agree to our use of electronic communications with you for purposes of this Policy. If you do not agree to the changes to this Policy, we will continue to maintain and use PI previously collected in accordance with the Policy in force as of that date.

    5. Information that we Collect; Use of Information.

    1. Generally. We may use PI as required or permitted by law, including in response to service of legal process (court order, summons, subpoena, and the like).  We may disclose PI to law enforcement or regulatory authorities as part of an investigation into activity at the Site (such as a suspected breach). We shall use commercially reasonable measures to limit disclosure and use of such PI.  We may use PI in connection with the establishment or defense of legal claims.  Any information sent to us will not be deemed to be confidential, and may be shared by us with any other individual or entity, regardless of whether you mark it confidential.

    2. Information contained in your customer record. Users who are our customers provide us with their name, address, phone number, user name, credit/debit card or bank information and other personally identifiable or confidential information and other information we require to provide Service to them. We may also acquire information about customers from third parties such as credit reporting agencies, as well as collect information about our customers’ use of the Services. This information may be linked to the information provided to us by our customers to create an administrative record and is referred to as “Registration and Billing Information”.

    3. User inquiries. Users who contact us with questions may be required to give us additional information to assist us in resolving their questions, or to assist us in our business (“User Inquiry Information”).

    4. Anonymous Information.  We collect anonymous information (AI) regarding your use of the Site, such as computer-related information (browser type you used, your Internet Protocol address, last URL visited, and the date and time of day of your login). We send a “cookie” or “pixel tag” to your computer which contains an identification number that is unique to the computer you are using. You may decline to provide such information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result, and some services may not be available. We use this information to enhance the experience of using the Site, to tailor our Site to its visitors, to understand how our Site is used, to investigate and verify proper conduct at the Site, and to monitor the security and integrity of the Site.

    5. Third Party Agents – Access to and Use of PI. We may contract with third parties to assist us in our business, including providing certain Services, hosting of the Site, hosting of data (including PI and AI), promotional services, authorization and processing of payments, fulfillment of product orders and processing of returns.  Such third parties shall agree with us in writing to maintain your privacy at least with the level of protection set forth in this Privacy Policy.

    6. Unrelated Third Party Links and Information.  Our Site contains links to other websites or other information and materials provided by third parties (by way of example, links to third party social media websites). We do not own or control such other websites or third parties and are not responsible for the information provided at those websites or in such materials.  We do not control, and are not responsible for, their privacy policies or the information collected at such third party websites.

    7. Customer Inquiries. We use customer inquiry information to identify Users personally. It is used throughout our business to provide services to Users, and to market new products and services to Users. Customer inquiry information is shared with third parties in the following circumstances: to identify and fix problems with the Services when we are not capable of doing so ourselves. Providers of third party products may require us to provide them with customer inquiry information. When Customer Inquiry Information is shared with third parties in these circumstances, the third parties are required to keep this information confidential.  Further, entities that provide products to us may have privacy policies that differ from ours. We will be happy to provide you with the names of those businesses that provide Services through us to you, and links to their privacy policies, on your request.

    8. Information about Children. We do not knowingly collect personally identifiable information from children under the age of 13.  If a parent or guardian believes that their child under the age of 13 has provided us with personally identifiable information, they should contact us.

      Other than in response to a lawful request by public authorities, HPD Hosting only shares your personal information with third parties who are acting as HPD Hosting’s agents or subcontractors and only uses your personal information for the purposes stated herein (or other purposes stated at the time of collection). Should HPD Hosting’s practices with respect to processing or use of personal information change, HPD Hosting will provide you with notice (either by means of an amendment to this Privacy Policy or otherwise) and provide you with an opportunity to opt out.

    6. Your Access to and Ability to Change PI

    You may request access, updating and corrections of inaccuracies in your PI by contacting us as set out below.  For security purposes, we may request PI from you in connection with such access.  You may also: (i) modify your information through your control panel in your account, or (ii) ask that information regarding your inquiries be deleted by contacting us through our contact form.

    7. Deleting and Retention of PI

    You may request that we delete your PI, and we shall attempt to accommodate such requests.  However, we may retain and use PI for such periods of time as required or permitted by law or best business practices.

    8. Security

    We have implemented technical, physical and administrative safeguards designed to protect PI against loss and against unauthorized access, use, and disclosure.  Passwords are stored on our server in encrypted form. We have personal information retention processes designed to retain personal information as necessary for the purposes stated above or to otherwise meet legal requirements.  Unless this Privacy Policy states otherwise, our employees are required to keep the information set out here confidential.

    California Privacy Rights

    If you are a resident of the State of California and you have provided your personal information to us, you have the right to request a list of all third parties to which we have disclosed your personal information for direct marketing purposes. If you exercise your right to submit such a request to us, we will send you the following information:

    • The categories of information we have disclosed to any third party for any third party’s direct marketing purposes during the preceding year; and
    • The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

    You may make such a request by contacting us in writing by postal mail or via the email address provided at the end of this Privacy Notice under the heading “Contact Information” with a preference on how our response to your request should be sent.

    California law also requires that we disclose how we respond to “do-not-track requests” from our users. At this time, we do not currently respond to “do-not-track” requests from our users’ browsers.

    HIPAA (The Health Insurance Portability And Accountability Act)

    HIPPA does not apply to the service we provide. We are not a “Covered Entity” or a “Business Associate” as those terms are defined by HIPAA.  As HIPAA does not apply, our service does not need to and may not meet the standards set forth in HIPAA. Accordingly, using the service should not be used submit, store, or disclose information that would be subject to HIPAA in a manner that is compliant with HIPAA and its requirements.

    Testimonials

    Pursuant to our Terms of Service, you may provide us with an Endorsement in connection with your use of the Services. We may, at our discretion, use the Endorsement to promote our Services as specified in our Terms of Service. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 18 of our Terms of Service and we will cease using the Endorsement soon after processing your request.

    Privacy Complaints by European Union and Swiss Citizens

    1. HPD Hosting is subject to the investigatory and enforcement powers of the Federal Trade Commission.
    2. HPD Hosting, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. HPD Hosting, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. HPD Hosting, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit  https://www.dataprivacyframework.gov.
    3. Among other things, the EU-U.S. DPF and Swiss-U.S. DPF describe our obligations with respect to personal information that we transfer to third parties as described in this Privacy Policy. HPD Hosting remains responsible and liable as provided in the Principles if the third party processes the personal information in a manner that is not consistent with the Principles, unless HPD Hosting proves that it is not responsible for the event giving rise to the damage.
    4. If we transfer your PI to third parties, we will remain responsible and liable to you if the third party processes your PI in violation of the Principles, unless we prove we were not responsible for the event giving rise to the damage.
    5. In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, HPD Hosting, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF should first contact HPD Hosting, Inc.

      Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available.

    6. In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, HPD Hosting has further committed to refer unresolved privacy complaints to a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit  www.bbb.org/EU-privacy-shield/for-eu-consumers/ more information and to file a complaint.
    7. In compliance with the EU-U.S. DPF and the Swiss-U.S. DPF, HPD Hosting, Inc. commits to cooperate and comply, respectively, with the advice of the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the Swiss-U.S. DPF.

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