Privacy Policy (Last Rev. 05/24/2018)

SurpassHosting.com, LLC (hereafter referred to SurpassHosting, we, us or our) collects, uses, processes and discloses information in different ways. This Privacy Policy is designed to provide guidance to End Users about how SurpassHosting uses this information. In this Privacy Policy, these individuals and entities are referred to collectively as "Users". This Privacy Policy is part of SurpassHosting’s contract with its customers. If you are a customer, you must review all of our contracts to fully understand how this Privacy Policy fits with these contracts. Our contracts are set out here.

1. SurpassHosting’s Privacy Statement

SurpassHosting does not offer for sale, share or lease any information given to SurpassHosting by an individual or entity subject to this Privacy Policy, except as provided in it. SurpassHosting is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). If you have questions about how SurpassHosting may use information provided to it, and that question is not covered by this Privacy Policy, please contact us at the address provided in paragraph 15 prior to providing the information to SurpassHosting.

SurpassHosting’s services are for individuals over the age of eighteen. SurpassHosting does not knowingly market to individuals under that age.

2. Third Parties May Have Different Privacy Policies from SurpassHosting

This Privacy Policy only applies to information provided to SurpassHosting. SurpassHosting services may incorporate products provided by third parties (Third Party Products). To the extent this incorporation is transparent to SurpassHosting’s customers, the privacy policies of the providers of Third Party Products have been incorporated into this Privacy Policy. However, if a customer has the option of choosing a Third Party Product, or incorporates it into SurpassHosting’s services on its own, those privacy policies are specifically excluded from this Privacy Policy. It is a customer’s obligation to determine how the privacy policies of Third Party Products not covered by this Privacy Policy affect their information, and that of their End Users.

3. SurpassHosting complies with Safe Harbor Privacy Principles

SurpassHosting complies with the EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. SurpassHosting has certified that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, SurpassHosting commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact SurpassHosting at:
SurpassHosting.com, Inc.
Attn. Legal Department
189 S. Orange Ave
Suite 1500
Orlando, FL 32801
United States of America

SurpassHosting has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints for more information and to file a complaint. This service is provided free of charge to you.

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

4. How SurpassHosting Collects Information

Depending on their use of SurpassHosting’s services, SurpassHosting collects information from Users in the following ways:
From SurpassHosting’s web server;
Using temporary internet files such as cookies, transparent gifs, and other similar tools (Identification Tools); and Directly from Users.

5. Information SurpassHosting Collects from Web Server Logs

SurpassHosting’s web servers collect information from visitors to the websites linked to this Privacy Policy. Because each User’s computer and browser configurations are different, SurpassHosting may collect some, or all, of the following information during a User’s visit:
Internet protocol address
The type of browser or computer used
The number of links clicked within SurpassHosting’s website
The state or country from which our website was accessed
The date and time of visit
The name of internet service provider used to access SurpassHosting’s website
The web page visited prior to coming to SurpassHosting’s website
The pages viewed on SurpassHosting’s website

6. Information Collected by SurpassHosting Directly from Users

a. Registration Information

To purchase services from SurpassHosting, Users must provide detailed information including contact information to SurpassHosting, including names, email addresses, physical addresses, and phone numbers. Users are required to provide this information to SurpassHosting in order to purchase SurpassHosting services. During the purchase process, Users may provide optional information such as instant messager details and secondary, billing, or abuse email addresses to SurpassHosting. If that information is provided, it is covered by this Privacy Policy; however, providing it is voluntary. This information is a subset of Identification Tools, and is referred to individually as “Registration Information.”

b. Identification Tools

SurpassHosting may use automated Identification Tools like cookies and Google Analytics. Each of these Identification Tools work differently, however, they all collect information related to the website you came to SurpassHosting from, a User’s operating system, browser type, where Users go on SurpassHosting’s website, length of time on SurpassHosting’s website, and where a User goes after visiting SurpassHosting’s website. In addition, Identification Tools may keep Users logged into SurpassHosting’s system. From time-to-time, SurpassHosting may use Identification Tools that will be used to serve advertising and other information to Users after they visit SurpassHosting’s website. Because the technologies underlying Identification Tools differ, Users may, or may not, be able to choose not to provide information to them.

c. Support Information

When Users contact SurpassHosting for support for their services they will be asked to match certain information that is in their Registration Information. This information will be used to identify them personally. In the course of providing support to Users, SurpassHosting may annotate the Registration Information with information disclosed while providing support (Support Information).

d. FAQ and Forum Information

SurpassHosting offers Users the ability to exchange information about its services, and their experiences with these services (Forum Information). Forum Information is publicly accessible and may be indexed by search engines and other tools. Users are not required to disclose information that will identify them personally in order to participate in these tools. All Forum Information may be accessed and used by third parties for purposes known and unknown to SurpassHosting.

7. Security Monitoring

SurpassHosting takes the security of its network very seriously. To ensure network security, data integrity and privacy, SurpassHosting uses programs that monitor network traffic and access to its network. These programs collect information regarding User’s use of SurpassHosting’s services, website and network (Traffic Information).

8. How SurpassHosting Uses Information Covered by this Privacy Policy

a. Generally

i. SurpassHosting is required to comply with relevant laws, regulations and judicial orders. Information covered by this Privacy Policy may be disclosed outside SurpassHosting if SurpassHosting determines, in its sole discretion. that such a disclosure is necessary or required. SurpassHosting may also disclose this information if, in its sole discretion, such disclosure is necessary or required to protect its interests or the interests of its customers.

ii. SurpassHosting may disclose information covered by this Privacy Policy in connection with the sale of its business.

iii. SurpassHosting may aggregate information covered by this Privacy Policy and disclose it outside its business. This information will not identify Users individually.

iv. SurpassHosting may use information covered by this Privacy Policy to contact you directly to respond to questions, provide its services to you, manage your account or to inform you of service announcements.

v. SurpassHosting may use information covered by this Privacy Policy to inform you of new products and services. In informing you of new products and services, SurpassHosting may include third party products and services. While SurpassHosting may use information that identifies you individually to market these third party products and services, that information is not disclosed to the third parties. In this use of User information, third parties will only receive aggregate information. However, should a User respond to a marketing announcement, third parties will become aware of the User individually. Users may opt-out of receiving this information by clicking “unsubscribe” in any marketing material, or unsubscribe from your CORE profile. Only the email address from that communication will be removed from marketing lists.

b. Specific Information

i. Web Server Logs (described in paragraph 5)

Information collected from Web Server Logs is not disclosed beyond SurpassHosting except as set out in paragraph 5 in this Privacy Policy.

ii. Registration Information (described in paragraph 6)

SurpassHosting will use Registration Information throughout its business and will pass Registration Information on to third parties for processing and use as necessary to provide SurpassHosting’s services to Users. SurpassHosting requires these third parties to limit their use of Registration Information to those uses that facilitate providing SurpassHosting’s services to Users.

iii. Identification Tools (described in paragraph 6)

Information collected using Identification Tools, other than Registration Information, may identify Users individually. This information will be used to provide SurpassHosting’s marketing information to Users. Users may enter or delete email addresses in the “Account” interface to control marketing messages. Third parties may use this information in the aggregate; however, they are contractually prohibited from using this information to identify Users individually. SurpassHosting uses cookies to save User’s preferences and login information, and provide personalized functionality.

SurpassHosting uses cookies to save User’s preferences and login information, and provide personalized functionality.

iv. Support Information (described in paragraph 6)

Support Information may identify Users individually. In addition to providing support to Users, SurpassHosting may disclose Support Information to third party vendors in order to provide the support requested by the User. These third parties may disclose and use Support Information to improve their business processes and for marketing. Unless necessary to provide support to Users, SurpassHosting will not disclose Support Information containing information that identifies Users individually to these third parties. During a support request, Users may request that SurpassHosting not disclose Support Information to third parties. This request will prevent SurpassHosting from providing support to Users.

v. Traffic Information (described in paragraph 7)

Traffic Information may identify Users individually. SurpassHosting will only use Traffic Information to ensure the integrity of its network, and for no other purpose. Traffic Information may be disclosed by SurpassHosting to comply with its legal obligations and to law enforcement upon when obligated to do so.

9. How SurpassHosting Protects your Information

SurpassHosting uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. SurpassHosting uses security measures including and not limited to: firewalls, nonpublic facing systems, complex passwords, anti-virus, and mitigation and detection software. When SurpassHosting asks Users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (SSL) technology. Electronic communication (for example: email, online chat, or instant messaging) that Users may send SurpassHosting may not be secure unless SurpassHosting advises a User in advance that security measures will be in place prior to transmitting the information. Users should not send confidential information such as financial information, social security numbers or passwords to SurpassHosting through unsecured electronic communication.

10. How Users can Access and Correct Information Covered by this Privacy Policy

If a User wishes to access and/or update the information SurpassHosting has collected, the User may either login to SurpassHosting website or client systems and view and change its information or contact SurpassHosting’s Accounting team via https://core.surpasshosting.com. If a User would like a list of client systems related to its account, this can also be obtained by contacting our Accounting team.

Information covered by this Privacy Policy may be deleted upon a User’s request. However, we reserve the right to retain information necessary to protect our interests. Unless specifically set out herein, information covered by this Privacy Policy will be retained by SurpassHosting following termination of a User’s Agreement.

11. Users May Transfer Information Covered by this Privacy Policy to Third Parties

Users may transfer their accounts to a third party by submitting a request in their control panel. SurpassHosting will respond with a transfer form. Once the form is received and verified, the account will be transferred. The new owner will be bound by this Privacy Policy and the agreements set out in paragraph 2.

12. Liability

In cases of onward transfer to third parties of data of EU and/or Swiss individuals received pursuant to the EU-US and/or Swiss-US Privacy Shield Frameworks, SurpassHosting may be potentially liable.

13. How and When this Privacy Policy is Modified

SurpassHosting may modify this Privacy Policy at any time. Users will be notified of any change, other than a typographical change, by a notice on the front page of SurpassHosting’s website and by a notice in the User’s control panel. Modifications are effective as set out in the notification.

14. How SurpassHosting Assesses its Compliance with the Privacy Policy

SurpassHosting uses a self-assessment approach to ensure compliance with this Privacy Policy and regularly verifies that the Privacy Policy is accurate, displayed, accessible and within the guidelines of the Safe Harbor Privacy Principles for both the EU and Switzerland.

15. Contacting SurpassHosting about this Privacy Policy

If Users have any questions, comments or feedback regarding this Privacy Policy or the use and disclosure of personal information, please contact SurpassHosting via email at legal@surpasshosting.com and SurpassHosting will respond within a timely manner. If a User is unable to resolve its complaint or dispute internally, SurpassHosting will work with the Better Business Bureau (BBB) as a third party dispute resolution service.

You may also contact us in writing at:
SurpassHosting.com, LLC
Attn. Legal Department
189 S. Orange Ave
Suite 1500
Orlando, FL 32801
United States of America