8. HOW DOES COMPANY COLLECT YOUR PERSONAL INFORMATION?
-
Company collects your personal information when you provide it through
your interactions with us.
-
Company may automatically collect personal information from you as you
use our applications and/or Services (as a user or a participant) or
visit our websites.
-
Company may receive personal information about you from a business or
commercial partner or another user of our applications and/or Services.
9. WHY AND HOW DOES COMPANY USE, STORE AND RETAIN YOUR INFORMATION?
The tables in Section 7 above describe how Company may use the information
that it collects. In addition to the uses set forth in Section 7, Company
may use, store, record and retain information, which may include Personal
Data, in the following ways:
-
To gather broad demographic and statistical information, and other
de-identified or aggregated information, which Company may use for
purposes such as understanding broad demographic trends and statistical
information;
-
To comply with applicable legal requirements, industry standards and
Company's procedures and policies, to enforce our Agreements, and to
defend our legal rights; and
-
For other purposes to which you may provide your consent.
You may provide Personal Data during the use of Company's interactive
website, chat boxes, live chats, or chat bots ("AI-related services").
Company will process, use, store or disclose your Personal Data only
with your consent, which we may obtain by i) acceptance by You or Your
organization of our Master Service Agreement (MSA), End User License
Agreement (EULA), or other contractual documentation, ii) Your use of or
access to Company website(s) (including interactions with chat boxes,
completion of web forms, etc.), iii) Your download and/or use of Company
services or iv) other methods. Company may use your Personal Data to
help enhance your interactive experience. Company has designed its
AI-related services with the intent of not using any of your audio,
video, chat, screen sharing, attachments or other communications using
Company's Services to train Company's or third-party artificial
intelligence models.
Your Personal Data will be stored by us in accordance with applicable data
protection laws to the extent necessary for the processing purposes outlined
in this Privacy Policy. Your Personal Data will be made anonymous in
accordance with Company's policies or irrevocably deleted promptly (as soon
as fourteen (14) calendar days) following the termination of Your applicable
Service, including but not limited to, databases, contacts, calendars,
e-mail, website content, and any other Personal Data hosted by Company;
provided, however, that Personal Data that is included in Company's
account-level business records, such as billing information and history,
user account identifiers, access logs and other business operation
information, will not be deleted in accordance with this sentence and will
be retained by Company in accordance with its business information retention
policies. It will be solely Your responsibility to secure all necessary
Personal Data from Your account prior to termination.
10. HOW DOES COMPANY DISCLOSE YOUR INFORMATION?
Company does not directly sell your Personal Data in the traditional sense
(i.e., transfer such data in exchange for money or anything else of value),
but Company may disclose your Personal Data to third parties to help provide
and improve Company's Services as follows:
-
To entities within the Company's group and third-party business
partners, consistent with the purposes described above;
-
Billing information to organizations that process billing information on
our behalf;
-
In de-identified or aggregated form to third parties, such as usage
information to our service and license providers for licensing
compliance, licensing usage calculation, billing and support purposes;
-
If you purchased Services from us through Costco, we may, to the extent
permissible, disclose to Costco your name, address, telephone number,
email address, the Services purchased and the Service initiation date
associated with your Company account. Any such information provided to
Costco will be subject to Costco's privacy policy; and/or
-
To vendors and contractors retained in connection with the provision of
the Services or support of Company's business. For example, Company may
use service providers to measure Service usage and Service performance
metrics; monitor security aspects of our Services and infrastructure;
provide data storage services; and deliver customer service or technical
support. Company will only release information that is needed to deliver
the service for which the third-party vendor has been contracted. These
vendors are required to maintain strict security and confidentiality of
the information and are prohibited from using it for any other purposes
other than in accordance with Company's instructions and policies.
In addition, Company may access and release your information, including
Personal Data, under the following circumstances:
-
Occasionally, Company may be required by law enforcement or judicial
authorities to disclose your Personal Data to the applicable law
enforcement authorities. Company will do so upon receipt of a court
order or subpoena (or other mandatory legal process), to cooperate with
a law enforcement investigation or if Company otherwise believe
disclosure is necessary to exercise, establish or defend our legal
rights. Company reserves the right to report to law enforcement
authorities any activities that Company, in good faith, believes to be
unlawful.
-
If Company obtains your consent or permission to disclose or release
your information, which Company may obtain in various ways. For example,
Company may present you with an "opt-in" prompt when you access the
Services, the administrative control panel for the Services and/or
associated websites.
-
If Company, any of its websites or Services or a related asset or line
of business is acquired by, transferred to, or merged with another
company.
11. IS YOUR PERSONAL DATA SECURE?
Company takes reasonable steps in an effort to ensure that your Personal
Data is treated securely and in accordance with this Privacy Policy and
requires its suppliers to do the same. Company maintains administrative,
technical and physical safeguards that are intended to appropriately protect
Personal Data against accidental or unlawful destruction, accidental loss,
unauthorized alteration or access, misuse, and any other unlawful form of
processing of the Personal Data in our possession. Your contact and
financial information is submitted via a secure (HTTPS) connection and
stored in the Company database protected by a firewall. Any payment
transactions will be encrypted using SSL technology.
Although Company uses reasonable efforts to protect your Personal Data,
transmission via the Internet is not completely secure. Therefore, Company
cannot guarantee the security of your Personal Data transmitted using our
websites or Services, and any transmission is at your own risk.
12. YOUR RIGHTS AND CHOICES
Various jurisdictions (including multiple countries in Europe, as well
as California, Colorado, Connecticut, Utah and Virginia in the United
States) have implemented data privacy laws to protect their respective
residents and/or consumers, and Company expects more jurisdictions to
adopt such laws in the future. Intermedia is committed to protecting
your privacy rights and complying with applicable privacy laws.
You have the right to request that Company not contact you or use your
Personal Data for purposes which are not reasonably necessary for the
administration of our websites and/or the provision of Services, such as
marketing communications. If you wish to exercise this opt-out right, you
may indicate a preference to stop receiving further marketing communications
from us by accessing available opt-out features in the administrative
control panel for your Account, by following the "unsubscribe" instructions
provided in a communication you receive, or by contacting Company by e-mail
at [email protected] (or
such other address as is provided on Company's website or in the Agreement).
Where required under applicable law, Company will only send you marketing
communications with your consent.
Please note that you cannot unsubscribe from certain correspondence from us
regarding our provision of Services to you, including messages relating to
your Account, unless you stop using our Services. In addition, certain
information may be required in order to use our websites or Services; as
such, the only practicable method to opt out of providing information in
connection with the use of those websites or Services would be to refrain
from subscribing to or using those websites or Services.
You may also revise your contact and financial information or terminate your
account through the administrative control panel for your Account.
13. GENERAL DATA PROTECTION REGULATION (GDPR)
Legal Basis for Processing
If you are located in the EEA, Company only processes your Personal Data
based on a valid legal ground, including when:
- You have consented to the use of your Personal Data; for example, to provide
you with tailored advertising (such consent may be withdrawn at any time,
solely as it relates to communications subsequent to such request);
-
Company needs your Personal Data to provide you with the Services or
otherwise fulfill Company's contractual obligations, including for
account creation, the delivery of Company's Services, responding to your
inquiries, and providing customer service and technical support;
-
Company has a legal obligation to use your Personal Data, such as the
obligation to protect intellectual property rights or restrict content
available on the Service based on your location; or
-
Company has a legitimate interest in using your Personal Data. For
example, Company has a legitimate interest in using your Personal Data
to conduct business analytics and otherwise improve the security and
performance of Company's Services. Company may also disclose this
information to third parties for this purpose.
Transfer of Personal Data
If you are located within the EEA, Company complies with EU data protection
law when transferring your Personal Data outside of the EEA. Your Personal
Data will be transferred to, and processed in, countries outside the EEA,
including the United States. These countries may not have similar data
protection laws to the EEA. If Company transfers your Personal Data outside
of the EEA, Company will protect your Personal Data as described in this
Privacy Policy or as required by applicable law. However, Company takes
adequate measures to ensure that your Personal Data will at all times be
protected in accordance with applicable regulations as described in the Data
Processing Agreement that forms part of the Agreement.
Your Data Protection Rights
If you are located in the EEA, you have the following rights:
-
Right to Withdraw Consent: You may withdraw your consent to the
processing of your Personal Data at any time.
-
Right to Access: You can request access to the Personal Data Company
holds on you with some limited exceptions.
-
Right to Rectify: If you feel the Personal Data Company holds on you is
inaccurate, you can ask Company to correct or update it.
-
Right to Erasure: You can request that Company erase your Personal Data,
unless it is necessary for compliance with a legal obligation or for the
establishment, exercise, or defense of legal claims. This right may be
limited by law.
-
Right to Restrict the Processing: You have the right to request that
Company restrict processing if you contest the accuracy and wish to
verify it, it has been unlawfully processed, or Company no longer needs
the data but you need it to assert, exercise or defend legal claims.
-
Right to Object: You have the right to object to the processing of your
Personal Data if you disagree with any legitimate interest or public
interest Company has relied upon to process your Personal Data.
-
Right to Data Portability: You have the right to receive your Personal
Data in a structured, commonly used and machine-readable format where
your Personal Data is processed in reliance either on your consent or
because such processing is necessary for the performance of a contract,
and the Personal Data, in either case, is processed by automatic means.
Additionally you have the right to lodge a complaint with the Dutch Data
Protection Supervisory Authority (Autoriteit Persoonsgegevens), PO Box
93374, 2509 AJ DEN HAAG, or, if GDPR provides that an alternative
supervisory authority has jurisdiction over the applicable dispute, with
such other supervisory authority.
These rights are not absolute and may be limited in certain circumstances,
as permitted or required by applicable law. You may exercise your rights or
learn more about how Company handles any of your requests to exercise your
rights above, including your right to access your data, by contacting
[email protected]
.
UK Data Protection Rights.
Notwithstanding your rights above, if you are a resident of the United
Kingdom (UK), Company shall process and transfer your Personal Data in
accordance with the applicable data protection law of the UK, including UK
GDPR and Data Protection Act of 2018.
14. California Consumer Privacy Act (CCPA)/California Privacy Rights Act
(CPRA)
Does Company Sell or Share Your Personal Data?
Under the privacy laws of California, the term "Sell" means when a
company exchanges your Personal Data with a third party for money or
anything else of value.
Company does not sell your Personal Data in the traditional sense, nor does
Company share your Personal Data in a manner that would be prohibited by the
CCPA or CPRA; however, Company may disclose your Personal Data to third
parties to help provide Company's Services to you and for the other purposes
described herein. Please review the section above entitled "How Does
Company Disclose Your Information?" for more information.
Your Data Protection Rights
If you are a California resident, you have the right, under the CCPA, as
amended by the CPRA, and certain other privacy and data protection laws,
as applicable, to exercise your data protection rights free of charge.
You may submit a verifiable request for information, no more than twice
within a 12-month period.
In order to receive such a report, or to access, change, or delete any
Personal Data, please contact Company by visiting
here
, by emailing Company at
[email protected]
, or by calling Company toll-free at (888) 329-2278.
For more details on California-specific data privacy rights, please see
Appendix I at the end of this Policy.
15. CANADA
Transfer of Personal Data
If you are located within Canada, Company complies with Canadian data
protection law when transferring your Personal Data outside of Canada. Your
Personal Data will be transferred to, and processed in, countries outside
Canada, including the United States. These countries may not have similar
data protection laws to Canada. If Company transfers your Personal Data
outside of Canada, Company will protect your Personal Data as described in
this Privacy Policy or as required by applicable law. However, Company takes
adequate measures to ensure that your Personal Data will at all times be
protected in accordance with applicable regulations as described in the Data
Processing Agreement that forms part of the Agreement.
16. COOKIES
What are Cookies?
Cookies are small text files that are placed on your device or browser when
you make use of Company's websites, services, applications and/or
administrative control panel. These allow Company's services to function
more efficiently, for example, storing and honoring your settings or
preferences, combating fraud, providing advertising, and analyzing how
Company's services perform. Some cookies only last for a short duration and
expire at the end of a session, for example, when you close a browser
winder. These are known as "session cookies." Other cookies last longer
and remain stored on your browser or device and can, for example, track your
settings or activities on several sites. These are known as "persistent
cookies."
How does Company Use Cookies?
When you access Company's websites, services, applications and/or
administrative control panel, Company may send one or more cookies (and/or
similar technologies) to your computer. By sending you cookies with values
that are unique, Company may be able to uniquely identify your web browser
or device when you access Company's websites, services, applications and/or
administrative control panel. Company may use both "session" and
"persistent" cookies to collect, store, and sometimes track various types of
information.
Why Does Company Use Cookies?
Company uses cookies to retain your session states and to offer you a
personalized experience on Company's websites, services, applications and/or
administrative control panel. You can review the "Help" file in your
browsers or mobile devices to learn the proper way to modify your cookie
settings. Please be aware, however, that the use of certain cookies (see
"Necessary Cookies" below for more information) is necessary for the use of
the administrative control panels and certain other aspects of Company's
websites, services, applications and/or administrative control panel.
What Are the Different Types of Cookies Used by Company?
The following are the different types of cookies that Company uses and why
Company uses them:
Necessary Cookies
Company uses cookies that are necessary so Company's website and Services
can operate. These are required to monitor the functionality of Company's
site, improve security, and/or allow you to make use of functions such as
Company's administrative control panel and web chat.
Performance Cookies
Company uses cookies to assess the performance of Company's website,
Services and administrative control panel to improve your user experience.
This includes analyzing how users use Company's website, Services and
control panel and making sure they remain up and operational.
Functional Cookies
Company uses cookies that help with functionality when accessing or using
Company's website or Services. For example, cookies may be used to save your
preferences or location settings.
Advertising or Targeting Cookies
Company uses cookies to deliver content tailored to you. Company also uses
cookies to help measure the effectiveness of Company's marketing campaigns.
Company also partners with some authorized third parties who may place
cookies on your device when you interact with Company's website or Services.
When you visit one of Company's websites, advertising companies may place a
cookie or similar technologies on your computer and may collect certain
information about your use of Company's websites. These companies may use
this information, as well as information they collect from your use of other
websites, to display advertisements on the Internet about products and
services they believe you may be interested in. You can learn more about
this practice, and can learn about your choices with respect to the use of
this information about you for customizing advertisements, at
www.aboutads.info/choices.
How Can You Control Your Cookies?
When you visit one of Company's websites, you can manage and control your
cookies by using our cookie preference tool available on our websites, if
such feature is available in your region, to opt out of cookies that are not
necessary for the core operation of Company's website, such as performance,
advertising and targeting cookies.
You can also change the browser settings on your computer or other device
you are using to access Company's websites or Services. Most browsers
provide functionality that lets you reject and/or remove cookies. You can
learn more about how to manage your cookies at
https://www.aboutcookies.org/how-to-control-cookies/.
"Do Not Track" Notice
There is no accepted standard on how to respond to Do Not Track (DNT)
signals, and Company does not respond to such signals. You can learn about
DNT at www.allaboutdnt.com.
17. QUESTIONS REGARDING THIS PRIVACY POLICY
How Can You Contact Company with Questions Regarding Privacy Issues?
If you have any questions about this Privacy Policy, the privacy practices
of our websites or Services, or your dealings with our websites or Services,
please feel free to contact us by sending an email to
[email protected]
or by sending any correspondence to:
Intermedia Privacy Team
Intermedia.net, Inc.
100 Mathilda Place, Suite 600
Sunnyvale, California 94086
How is this Privacy Policy Updated?
Company reserves the right to change this Privacy Policy at any time. Any
changes to the Privacy Policy will be posted to at least one of our
websites, including at
https://www.intermedia.com/legal/policies.
In the event that the changes materially alter your rights or obligations
under this Privacy Policy, Company will make reasonable efforts to notify
you of the change. For example, Company may send a message to your email
address, if Company has one on file, or generate a pop-up or similar
notification when you access Company's Services or administrative control
panel for the first time after such material changes are made. In addition,
Company will obtain your consent prior to any new uses of your Personal
Data, as may be required by law.
The most current version of this Privacy Policy will govern our Processing of Personal Data about you. Your continued use of Company's Services constitutes your acceptance of
the terms of the Privacy Policy as amended or revised by Company from time
to time.
Does Company adhere to the EU-U.S. Data Privacy Framework?
On July 10, 2023, the EU-US Data Privacy Framework ("EU-U.S. DPF")
replaced the EU-U.S. Privacy Shield Framework ("Privacy Shield").
Company complies with the EU-U.S. DPF and the UK Extension to the
EU-U.S. DPF, as set forth by the U.S. Department of Commerce. Company
has certified to the U.S. Department of Commerce that it adheres to the
EU-U.S. Data Privacy Framework Principles ("Principles") with regard to
the processing of personal data received from the European Union in
reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar)
in reliance on the UK Extension to the EU-U.S. DPF. If there is any
conflict between the terms in this Privacy Policy and the Principles,
the Principles shall govern. To learn more about the Data Privacy
Framework program, please visit
https://www.dataprivacyframework.gov/.
In compliance with the Principles, Company will give you an opportunity to
choose whether your Personal Data may be used for a purpose that is
materially different from the purposes for which it was originally collected
or subsequently authorized by you, or if we intend to disclose it to a third
party acting as a data controller that we have not previously disclosed to
you. In such circumstances, we will notify you and offer you the
opportunity to opt-out of such uses and/or disclosures where non-sensitive
Personal Data is involved, and to opt-in where sensitive Personal Data is
involved. To request to limit the use and disclosure of your Personal Data,
please submit a written request by contacting
[email protected].
Where Company shares Personal Data subject to the Principles with third
parties, Company shall remain liable under the Principles if its agent
processes such Personal Data in a manner inconsistent with the Principles
unless Company proves that it is not responsible for the event giving rise
to the damage.
In compliance with the Principles, Company commits to resolve complaints
about our collection or use of your Personal Data. EU and UK individuals
with inquiries or complaints regarding our compliance with the Principles
should first contact us at [email protected]. If Company does not
resolve your complaint, or if Company does not address your complaint to
your satisfaction, and the complaint concerns our handling of Non-HR
Personal Data, you may submit your complaint to JAMS, Company's designated
alternative dispute resolution provider for EU-U.S. DPF issues, at
https://www.jamsadr.com/file-a-dpf-claim
. JAMS is located in the United States, and their services are provided at
no cost to you. Under certain conditions specified by the Principles, you
may also be able to invoke binding arbitration to resolve your EU-U.S. DPF
related complaint. Company has further committed to cooperate with the panel
established by the EU data protection authorities with regard to unresolved
EU-U.S. DPF complaints concerning data transferred from the EU and United
Kingdom. Company is subject to the investigatory and enforcement powers of
the Federal Trade Commission (FTC). You can find further information on the
DPF website.
Appendix I
Additional Data Privacy Rights of California Residents
Disclosure of Personal Data that Company Collects About You
You have the right to know, and request disclosure of:
- The categories of Personal Data that Company has collected about you, including sensitive Personal Data;
- The categories of sources from which the Personal Data is collected;
- Company’s business or commercial purpose for collecting, selling, or sharing Personal Data;
- The categories of third parties to whom Company discloses Personal Data, if any; and
- The specific pieces of Personal Data Company has collected about you.
Please note that Company is not required to:
- Retain any Personal Data about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
- Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Data; or
- Provide the Personal Data to you more than twice in a 12-month period.
Disclosure of Personal Data Sold, Shared, or Disclosed for a Business Purpose
In connection with any Personal Data that Company may sell, share, or disclose to a third party for a business purpose, you have the right to know:
- The categories of Personal Data about you that Company sold or shared and the categories of third parties to whom the Personal Data was sold or shared; and
- The categories of Personal Data that Company disclosed about you for a business purpose and the categories of persons to whom the Personal Data was disclosed for a business purpose.
You have the right to opt-out of the sale of your Personal Data or sharing of your Personal Data for the purpose of targeted behavioral advertising. If you exercise your right to opt-out of the sale or sharing of your Personal Data, Company will refrain from selling or sharing your Personal Data, unless you subsequently provide express authorization for the sale or sharing of your Personal Data.
Right to Limit Use of Sensitive Personal Data
You have the right to limit the use and disclosure of your sensitive Personal Data to the use which is necessary to:
- Perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services;
- Perform the following services: (1) Helping to ensure security and integrity to the extent the use of the consumer’s Personal Data is reasonably necessary and proportionate for these purposes; (2) Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s Personal Data is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business; (3) Performing services on behalf of Company, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business; and (4) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured by, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned by, manufactured by, manufactured for, or controlled by the business; and
- As authorized by further regulations, you have a right to know if your sensitive Personal Data may be used, or disclosed to a service provider or contractor for additional specified purposes.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, Company will:
- Delete your Personal Data from its records;
- Direct any service providers or contractors to delete your Personal Data from their records; and
- Direct third parties to whom the business has sold or shared your Personal Data to delete your Personal Data unless this proves impossible or involves disproportionate effort.
Please note that Company may not delete your Personal Data if it is reasonably necessary to:
- Complete the transaction for which the Personal Data was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and Company;
- Help to ensure security and integrity to the extent the use of the consumer’s Personal Data is reasonably necessary and proportionate for those purposes;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided Company has obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with Company;
- Comply with an existing legal obligation; and/or
- Otherwise use your Personal Data, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right of Correction
If Company maintains inaccurate Personal Data about you, you have the right to request Company to correct that inaccurate Personal Data. Upon receipt of a verifiable request from you, Company will use commercially reasonable efforts to correct the inaccurate Personal Data.
Protection Against Retaliation
You have the right to not be retaliated against by Company because you exercised any of your rights under the CCPA/CPRA. This means Company cannot take any of the following actions as retaliation for your exercise of any of your rights under the CCPA/CPRA:
- Deny goods or services to you;
- Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Provide a different level or quality of goods or services to you; or
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that Company may charge a different price or rate or provide a different level or quality of goods and/or services to you based on reasonable commercial reasons unrelated to the exercise of your rights under the CCPA/CPRA. Company may also offer loyalty, rewards, premium features, discounts, or club card programs consistent with these rights or payments as compensation for the collection of Personal Data, the sale of Personal Data, or the retention of Personal Data.