Effective Date: January 2023
Visitors may elect not to provide certain information to MacStadium and its affiliated websites. By doing so though, the visitor may not be able to access or take advantage of certain features.
WHAT INFORMATION DOES MACSTADIUM AND ITS AFFILIATES COLLECT?
We collect several types of information from and about visitors to our site(s) which are organized into three groups: Analytical Data, Personal Data and Visitor Contributions.
Analytical Data. MacStadium may collect the following analytic data: (a) Internet Protocol (IP) address; (b) Web pages requested; (c) Referring web page; (d) Browser used; (e) Access date and times; (f) information about your internet connection, (g) the equipment you use to access our websites or (h) usage details.
Personal Data. MacStadium may collect information about visitors by which they may be personally identified, including but not limited to: (a) First and Last Name; (b) Address; (c) Phone numbers; (d) Email addresses; (e) Financial account numbers; (f) IP Addresses.
Visitor Contributions. MacStadium may collect and utilize information provided by Visitors that contains content created at the discretion of the Visitor. This information may take the form of (a) Live Chat messages, (b) Telephone/voice- chat conversations, (c) Website product and service selections and orders or (d) Weblog comments.
HOW DO WE COLLECT INFORMATION?
Web Visit. You may visit our site(s) in any of the following ways: (a) by using your browser to navigate to our websites; (b) by viewing an advertisement displayed on a third-party website that is served content by our web server or a web server affiliated with us; and/or (c) by viewing an email that is served content by MacStadium or a third-party web server.
Information We Collect through Automatic Data Collection Technologies. We may collect information from you automatically through data collection technologies, as described below. IP Address and Usage Details. When you visit our websites, our server logs your IP address (a unique network address), the time and duration of your visit and the time and duration that you view of the pages on our websites. If you arrive at our websites by clicking a paid advertisement (including a paid search engine result) or a link in an email, then we will capture information that tracks your visit from that link. If you arrive at our websites by clicking a non-paid source, such as link in a non-paid search engine result or an unsponsored link on another website, we may capture information that tracks your visit from that source to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system. This information may be collected to improve web presentation and utilization. IP address may also be used for troubleshooting purposes.
Information You Provide Us. We may collect information from you directly when you provide it to us. The information we collect may include: (a) Information that you provide by filling in forms on our websites, which includes information provided at the time of registering to use our websites, subscribing to our services on a trial or ongoing basis, posting content, or requesting further services and orders; (b) Records and copies of your correspondence if you contact us, which includes information such as email addresses Live Chat messages,
Telephone/voice-chat conversations and Weblog comments; and (c) Details of transactions you carry out through our websites and of the fulfillment of your orders, such as financial information that is required before placing an order through our websites. You also may provide content to be published or displayed (“posted”) on public areas of our websites or transmitted to other users of the websites or third parties (“Visitor Contributions”). This information is posted and transmitted to others at your own risk. We cannot control the actions of other users of our websites with whom you may choose to share your Visitor Contributions. Therefore, we cannot guarantee that your Visitor Contributions will not be viewed by unauthorized persons.
Cookies. MacStadium’s site(s) uses 'cookies'. A cookie is a piece of data stored on the visitor's hard drive containing information about the visitor/user. Usage of a cookie enables us to track and target the interests of our users to enhance the experience on our site If a user rejects the cookie, they may still use our site. The only drawback to this is that the user may be limited in some areas of our site (for example, certain surveys or other such activities).
A cookie is a unique identifier that enables us to track and target the interests of our visitors/users to enhance the experience on our website (i.e., help us identify the number of unique visitors to our website(s), and whether or not those visitors are repeat visitors and the source of their visits) but is in no way linked to any personally identifiable information while on our site and other servers cannot read them. Cookies cannot be executed as code or used to deliver a virus. If you do not wish cookies to be placed on your computer, you may still use our site but please note, permanently disabling cookies in your browser may hinder your use in some areas of our website(s).
Use of Automatically Collected Data. The information MacStadium collects automatically is statistical and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. Additionally, web visit information may be tied to other information (including personal information) we collect from you through other sources or that you provide us. This helps us improve our websites and deliver a better and more personalized service, including by enabling us to (i) estimate our audience size and usage patterns, (ii) store information about your preferences, (iii) speed up your searches and (iv) recognize you when you return to our websites. The information automatically collected will be associated with any personal information you provide to us.
Cloud Data Stored with MacStadium. MacStadium shall not access, or view Customer Data stored with MacStadium, other than the necessary information and on a need-to-know basis to perform the Services. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) responding to support requests and ensuring encryption or other appropriate technical measures; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; (c) when it is required by law (such as complying with a court of law – for instance, a few examples would apply if MacStadium receives a Court Order signed by a Judge, a valid subpoena issued by a court of law or a search warrant served upon MacStadium and/or its Affiliates); (d) when MacStadium believes it’s in their best discretion, and/or necessary to protect
the rights, property, or personal safety of MacStadium, our users, or the public and/or (e) for enforcing these terms.
Sensitive Information. We will not intentionally or knowingly collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sexual orientation or other sensitive information. If we learn that we have collected or received this sensitive information on our websites, we will make every effort to delete that information.
In the United States, there is no comprehensive privacy law that applies across all industries and types of personal data. Rather, a patchwork of federal and state laws govern how businesses must manage personal data. These include federal laws that focus on certain industries, sensitive data types, or processing activities like direct marketing.
For example, health-related data about patients and individuals collected by businesses in the healthcare industry is regulated by the federal Health Insurance Portability and Accountability Act (HIPAA), personal data collected and used by financial institutions is covered by the Gramm-Leach-Bliley Act (GLBA), the sending of commercial emails is covered by the CAN-SPAM Act, and children's data is regulated by the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA). Additionally, US state laws, such as the California Consumer Privacy Act (CCPA), impact how companies conduct business by regulating how they process and protect the personal data of individuals that reside in those states.
Children’s Online Privacy Protection. Our websites are not designed for or directed to children under the age of 13, and we do not knowingly collect or maintain information about children under the age of 13.
If we learn that we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under the age of 13, please contact us at [email protected] or write us at: Privacy Data Officer, MacStadium, Inc., 3525 Piedmont Road, NE, Building 7, Suite 700, Atlanta, GA 30305.
Teacher Consent in Lieu of a Parent. With regard to school-based activities, COPPA allows teachers and school administrators to act instead of parents to provide consent for the collection of personal information from children. Therefore, when registering with the Site, a teacher's email address may be used in lieu of a parent. Schools should always notify parents about these activities. For more information on parental rights with respect to a child's educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site: http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
WHAT DO WE USE THIS INFORMATION FOR?
Personal Information. We may use your information to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of the websites, and to enable us to review, develop and continually improve the products services and offers we provide online. We also use this information to prevent or detect fraud or abuses of our websites and to enable third parties to carry out technical, logistical, or other functions on our behalf.
YOUR RIGHTS RELATING TO YOUR PERSONAL DATA
You may have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws these rights may include the right to:
- Access your Personal Data held by us;
- Know more about how we process your Personal Data;
- Rectify inaccurate Personal Data and, taking into account the purpose of processing the
Personal Data, ensure it is complete;
- Erase or delete your Personal Data;
- Restrict our processing of your Personal Data;
- Transfer your Personal Data to another controller, to the extent possible;
- Object to any processing of your Personal Data;
- Opt out of certain disclosures of your Personal Data to third parties;
- If you’re under the age of 13, or such other applicable age of consent for privacy
purposes in relevant individual jurisdictions, opt into certain disclosures of your Personal
Data to third parties;
- Not be discriminated against for exercising your rights described above;
- Not be subject to a decision based solely on automated processing, including profiling,
which produces legal effects ("Automated Decision-Making"); and
- Withdraw your consent at any time (to the extent we base processing on consent),
without affecting the lawfulness of the processing based on such consent before its
HOW TO EXERCISE YOUR RIGHTS
To exercise your rights, please contact us by using the information in the Contact Information section below. Your Personal Data may be processed in responding to these rights. We try to respond to all legitimate requests within one month unless otherwise required by law and will contact you if we need additional information from you to honor your request or verify your identity. Occasionally it may take us longer than a month, considering the complexity and number of requests we receive. If you are an employee of a MacStadium Customer, we recommend you contact your employer’s system administrator and/or your employer’s point of contact with MacStadium for assistance in correcting or updating your information.
Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles.
To update your billing information, discontinue your account or request return or deletion of your Personal Data and other information associated with your account, please contact us by using the information in the section “Contact Information” section below.
YOUR RIGHTS RELATING TO CUSTOMER DATA
As described above, we may also process Personal Data submitted by or for a customer to our products and services. To this end, if not stated otherwise in this Privacy Statement or in a separate disclosure, MacStadium processes such Personal Data as a processor on behalf of our customer (and its affiliates) who is the controller of the Personal Data. MacStadium is not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those explained in this Privacy Statement. If your data has been submitted to us in our role as a processor by or on behalf of a MacStadium customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the Customer directly. Because we may only access a customer’s data upon their instructions, if you wish to make your request directly to us, please provide us the name of the who submitted your data to us. We will refer your request to that Customer, and MacStadium will support them as needed in responding to your request within a reasonable timeframe.
HOW WE SECURE YOUR PERSONAL DATA
We take appropriate precautions including organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we process or use. While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us by using the information below.
DISCLOSURE OF PERSONAL INFORMATION
Internal Use. The personal information that you provide to use or that we gather from you is intended for internal use only. Except as described in the limited situations, we will not disclose your personal information without your consent.
Permitted Disclosure. We may disclose your information to: Comply with any court order, law, or legal process, including responding to any government or regulatory request;
To enforce or apply our Terms of Service (available at (http://www.macstadium.com/legal) and other agreements, including without limitation, for billing and collection purposes;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MacStadium, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, credit risk reduction, spam, or other undesirable conduct; and
OPTING OUT OF COMMUNICATIONS
Contact Information. MacStadium may use contact information of its customers and visitors to send information about our company and to communicate when necessary. We may need to get in touch with you to provide you with notices about your account, carry out our obligations and enforce our rights arising out from any contracts entered between you and us, including for billing and collection and to notify you about changes to our websites, products, or services. We may also use your contact information to recommend current and future merchandise and services that might be of interest to you. Visitors are given the choice at the point when we request their information to opt out of future marketing mailings. We may also use your contact information that we collect to improve the content of our websites and as training aides for our employees.
Financial Information and Payment Details. MacStadium may ask its visitors or customers to enter credit card or account information in order to process orders for services placed with MacStadium or its affiliates. Financial information provided via our websites or via the MacStadium customer portal is transferred over a secure connection. We collect this information on a transaction by-transaction basis and will not authorize the release of the information with anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes in accordance with applicable regulatory requirements. Credit card numbers are used only for processing payments and are not used for any other purposes. When we use third party service providers for credit card processing services, we will enter into a written agreement with such third party ensuring appropriate security and confidentiality measures are in place in safeguarding your personal data.
tailor content or advertisements to match a visitor’s preferred interest;
avoid showing visitors the same advertisements repeatedly;
compile anonymous, aggregated statistics that allow MacStadium to understand how users use our website(s);
help MacStadium improve the structure of their website(s) (we cannot and do not identify visitors personally in this way);
count the number of anonymous users of our website(s).
To diagnose any potential problems with our services, MacStadium uses a visitor’s IP address to help diagnose potential problematic issues with our servers to help solve any issues to properly maintain and administer our websites correctly.
DISCLAIMER: As it relates to advertisements and for the purposes of displaying and tailoring advertisements, MacStadium does not disclose your personal information without your consent. However, if a visitor clicks on or otherwise interacts with an advertisement, please note that the advertiser may assume that you (the visitor) may meet the Advertising Company’s target criteria, but MacStadium assumes no responsibility or any liability for
Telecommunications. We use information our Customers provide to us via telephone calls, chat, email, web forms and other communications to correspond with them about services they may be interested in purchasing from MacStadium. If the Customer elects to purchase an online service that MacStadium offers by using a web form, MacStadium will then use the information provided to create and establish your account. Information submitted in writing, such as chat, email, and web form information are archived and may be tied to information that we collect about your web visits. Any telephone calls may be recorded for training purposes, and we may enter information you provide to us via telephone into our systems to use for the purposes described in this paragraph.
Future Mailings. MacStadium may also use your information to contact our customers about our own or third parties’ merchandise and services that may be of interest. If you do not want us to use your information this way, please check the relevant box located on the form in which we collect your data. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing
Best Practices. MacStadium is committed to industry best practices approaches concerning security measures to prevent the loss, misuse, and alteration of the information in our possession. We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. We store information you provide to us on a computer system located in a controlled facility with a limited access. Visitor textual information is encrypted during transmission, our company databases are accessible only by MacStadium employees, contractors, and agents on a need-to-know basis and who have entered into and are bound by a confidentiality and nondisclosure agreement with MacStadium. We will continuously keep adequate technical and organizational measures in place to ensure the protection level required by the Standard EU Model Clause
INTERNATIONAL TRANSFER OF PERSONAL DATA
Your Personal Data may be collected, transferred to, and stored by us in the United States and by our affiliates and third parties disclosed above, that are based in other countries. Therefore, your Personal Data may be processed outside your country or jurisdiction, including in places that are not subject to an adequacy decision by the European Commission or your local legislature or regulator, and that may not provide for the same level of data protection. We ensure that the recipient of your Personal Data offers an adequate level of protection and security, for instance by entering into the appropriate back-to-back agreements and, if required, standard contractual clauses or an alternative mechanism for the transfer of data as approved by the European Commission (Art. 46 GDPR) or other applicable regulators or legislators. Where required by applicable law, we will only share, transfer, or store your Personal Data outside of your jurisdiction with your prior consent.
learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/
In compliance with the Privacy Shield Principles, MacStadium commits to resolve complaints about our collection or us of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact MacStadium at: [email protected], (Attn: Privacy Data Officer).
MacStadium has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. In
cases of onward transfers of data, received pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield, MacStadium is potentially liable.
MacStadium is also subject to investigatory and enforcement powers of the Federal Trade Commission (FTC)
Encryption. MacStadium uses Transport Layer Security (TLS) encryption to protect visitor data. TLS is standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral.
Your Role in Security. While we have adopted the industry’s best practices to protect your data, the safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Inherent Risk. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the websites.
Personal data we collect is relevant for the purposes for which it is to be used. MacStadium takes reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current.
RIGHT TO ACCESS YOUR INFORMATION
Access. You may review and change your personal information by logging into the websites and visiting your account profile page. You may also send us an e-mail at [email protected] to request access to or correct or delete your personal information or if you believe that any personal information, we have about you has been or might be used inappropriately. We will take steps to correct or delete the information, or restrict its use, as appropriate, provided that these actions would not violate any law or legal requirement or cause the information to be incorrect. If you delete your Visitor Contributions from the websites, copies of your Visitor Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of our websites.
Additional Notice for California and Virginia Residents
Code § 1798.83) (“Shine the Light”); and Virginia residents from whom we collect Personal Data as a controller under the Virginia Consumer Data Protection Act as amended or superseded from time to time (“VCDPA”).
A. Your California Consumer Privacy Rights (“CCPA”)
For the purpose of this section, “Personal Information” means information that identifies, or could reasonably be associated with, you, your device or household, or as otherwise defined by the CCPA. Personal Information does not include information that is:
- Publicly available, as defined by the CCPA.
- Deidentified or aggregated.
- Otherwise excluded from the scope of the CCPA.
Pursuant to California Civil Code Section § 1798.83 permits users of our websites who are California residents, you can submit a request to know, correct, and delete your personal information through our online form. If you are a California resident under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our website. You may make a written request via e-mail to: [email protected] or you may also mail a request to be sent to: Privacy Data Officer, MacStadium, Inc., 3525 Piedmont Road NE, Building 7, Suite 700, Atlanta, GA 30305.
If you are an authorized agent wishing to exercise rights on behalf of a California resident, please contact us using the information in the Contact Information section above and provide us with a copy of the consumer’s written authorization designating you as their agent. We may need to verify your identity and place of residence before completing your rights request. If you have services with MacStadium, we will verify your identity by asking you to submit a request through the customer portal.
If you don’t have any services with MacStadium, we ask you to submit a request through the customer portal to confirm your identity including potential data elements that we may have collected about you, such as your name, email address, and device type. You can exercise your right to opt out of the “sale” of your Personal Information or the “sharing” of your Personal Information for cross-context behavioral advertising, and limit our use of your sensitive personal information, where permitted by law by submitting your opt out request
through the customer portal.
You may also authorize another person (your “authorized agent”) to submit a request on your behalf through the methods described above. Your authorized agent should submit proof that you gave the agent signed permission to submit the request. We may still require you to directly verify your identity and directly confirm that you have provided the authorized agent permission to submit the request.
B. California’s Shine-the-Light Law.
1 *Requests may be unable to be completed due to factors like the inability to verify the resident’s identity or lack of response. Time to complete a request may depend in part on receipt of information from the person making the request, such as information to verify the person’s identity or information about the action requested. Data is for all requests received by MacStadium and their Affiliates from California residents between January 1 and December 31, 2021. California’s Shine the Light law permits California residents to request and receive, once per calendar year and free of charge, information about our sharing of your personal information
(if any) with third parties for their own direct marketing use. If you are a California resident and would like to make such a request, please email [email protected] In your request, please include your name and attest to the fact that you are a California resident and provide a current California address. We may ask you for additional information to confirm your identity before responding to this request.
C. Virginia Consumer Data Protection Act (“VCDPA”)
For the purpose of this section, “Personal Data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. Personal Data does not include de-identified data, publicly available information (as these terms are defined under the VCDPA) or any other Personal Data otherwise excluded from the scope of the VCDPA.
If you are a Virginia resident, you may exercise the following rights with respect to your Personal Data:
- To confirm whether or not we process your Personal Data and request access to such data;
- To delete Personal Data, you have provided to us or that we have obtained about you, subject to exceptions;
- To correct inaccuracies in your Personal Data;
- To opt out of the processing of your Personal Data for purposes of: (i) targeted advertising; (ii) the sale of Personal Data; and (iii) the processing of your Personal Data for certain types of profiling in furtherance of decisions that produce legal or similarly significant effects;
- To obtain a copy of your Personal Data in a portable and, to the extent technically feasible, readily usable format;
- To appeal any decision with regard to your privacy request.
Please note that there are exceptions and limitations to each of the rights listed above. If you are a Virginia resident, to exercise your right to opt out of the processing of your Personal Data for purposes of targeted advertising or the sale of Personal Data, where permitted by law, please submit your request to [email protected] or via our online form.
To exercise any other privacy rights described above, please submit your request to [email protected] or via our online form.
Updated about 2 months ago