Effective December 4th, 2018
Arcustech, LLC. (“Arcustech”, “we”, “us” or “our”) has certified certain of our services, for which we act as a data processor, under both the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (collectively, the “Privacy Shields”). For more information on the Privacy Shields, please visit the U.S. Department of Commerce’s Privacy Shield website at: https://www.privacyshield.gov/welcome. Our certifications can be found at https://www.privacyshield.gov/
We commit to periodically review and verify the accuracy of our policies and our compliance with the Privacy Shields. If there is any conflict between the Privacy Shields and our policies (including this Framework Statement), the principles of the Privacy Shields shall govern where applicable.
We adhere to the principles of the Privacy Shields with respect to personal data provided by: (i) visitors to our website, and (ii) users of our services (i.e., subscribers to any of our plans). Since we are generally just a conduit for information controlled by others, it’s our customers and their users who control the content transmitted across our network (e.g. images, written content, graphics etc.). To the extent that we merely transmit, route, or switch information on behalf of our customers, we may instead rely upon such customer to comply with underlying legal requirements with respect to such processing, as permitted under the Privacy Shields.
We provide web hosting services that our customers use to deliver their websites to their web site visitors. These services include features such as managed virtual private servers, SSL certificates and server backup services. In providing these features, we may gather certain information regarding use of our sites and our customers’ websites, and process data submitted by our customers or which our servers are instructed to process on their behalf. While it’s not up to us which data we receive or process, it typically includes items such as contact information, IP addresses, and web server access logs.
We process data submitted by our customers for the purpose of providing and developing our online web hosting services. To fulfill this purpose, we may process personal data submitted to us by our customers to provide such services, to address technical and security issues, to prevent fraud, to improve these services, to follow our customers’ instructions, or in response to contractual or legal requirements.
We DO NOT process human resources data from the EU, at a future date when we have a need for processing HR data from the EU we will update our statement to reflect that change here.
If you believe that we maintain copies of your personal data within the scope of the Privacy Shields, you may direct any inquiries to corporate@arcustech.com or via mail to: Arcustech, Attn: Privacy Compliance, PO Box 365, Rochester, MN 55903-0365. We will respond to your inquiry within 45 days of receipt and verification of your identity. If a complaint cannot be resolved with us directly, we have agreed to cooperate with JAMS. If you are not satisfied with the resolution of your complaint, please contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield to address complaints. If neither we nor JAMS are able to resolve your complaint, as a last resort you may engage in binding arbitration through the Privacy Shield Panel.
We may use a limited number of third party service providers to assist us in providing services to our customers or to meet internal business needs. These providers may provide services such as billing systems, contract and account management, customer support, relationship management and other technical operations. These third parties may access, process, or store personal data in the course of providing their services. We maintain contracts with these third parties to restrict their access, use, and disclosure of personal data in compliance with our Privacy Shield obligations, and we may be liable for such parties if they fail to meet these obligations.
Individuals located in the EU, EEA, or Switzerland, if applicable, have rights to access personal data about them, and to limit the use and disclosure of such data. We take our privacy obligations extremely seriously, and have committed to respect these rights. Because our personnel have limited ability to access data submitted to us by our customers, if you wish to request access to, or to limit use or disclosure of data, please provide the name of the party who submitted your data to our services, and state whether it was yourself or a third party. We will refer your request to that third party, if appropriate, and reasonably support them in responding to your request.
Our commitments under the Privacy Shields are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. We may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under such circumstances, we may be prohibited by law, court order or other legal process from providing notice of disclosure.