HOSTGATOR SG PERSONAL DATA PROTECTION POLICY
1.1 We at HostGator SG (”HostGator”, “we” or “us”), take our responsibilities under Singapore’s Personal Data Protection Act 2012 (the “PDPA”) seriously. We also recognise the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
1.2 This Personal Data Protection Policy (“Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data.
1.3 If you, at any time, have any queries on this policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our Data Protection Officer (the “DPO”) at:
Attn: Data Protection Officer
Unit No.501, Nesco IT Park, Nesco Complex,
Western Express Highway, Goregaon (East),
2. PERSONAL DATA
1. “Personal Data” is defined under the PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include names, identification numbers, contact information, medical records, photographs and video images.
2. We will collect your personal data in accordance with the PDPA. We will notify you of the purposes for which your personal data may be collected, used, disclosed and/or processed, as well as obtain your consent for the collection, use, disclosure and/or processing of your personal data for the intended purposes, unless an exception under the law permits us to collect, use and/or disclose your personal data without your consent.
3. For the purpose of carrying on our business, including opening an account with us and the provision of our products and services, you may be requested to provide personal data such as, but not limited to, the following, without which it may not be possible to satisfy your request:
- Your name;
- Your country of residence;
- Your business name;
- Your address;
- Your telephone number;
- Your email address;
- Your credit card, Paypal, bank or other payment details;
- Your IP address(es); and
- Domain Name Registration Information (such as information for the registrant, administrative contact, technical contact and billing contact of the domain name that you are registering).
3. PURPOSES FOR COLLECTION, USE, DISCLOSURE AND PROCESSING OF PERSONAL DATA
- The personal data which we collect from you may be collected, used, disclosed and/or processed for various purposes, depending on the circumstances for which we may/will need to process your personal data, including :
- For processing your application for an account with us and/or our products and services;
- Processing, administering and managing your account with us and/or our products and services that you have subscribed to;
- Providing support for your account with us and/or our products and services that you have subscribed to;
- Processing any transactions or payments made by you and to maintain payment records;
- Administering surveys, including surveys regarding your account with us and/or our products and services that you have subscribed to;
- Sending you marketing information relating to our products and services via email or through your account;
- Contacting you or communicating with you via telephone call and/or email for the purposes of processing, administering and managing your account with us and/or our products and services that you have subscribed to, follow up on your enquiries or complaints with us and/or follow up with you if you respond to our customer surveys to help resolve issues internally or with our third party partners;
- Analyzing trends, administering our site and servers, tracking access, and gathering broad demographic information for aggregate use;
- Diagnosing problems with HostGator servers, and administering and optimizing HostGator's website
- Record-keeping purposes;
- Responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
- Complying with any applicable law, regulation, legal process or government request; and
- Storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Singapore.
(collectively, the “Purposes”)
2. As the purposes for which we may/will collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the PDPA or by applicable law.
3. Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether located in Singapore or outside of Singapore, for one or more of the Purposes:
- our head office, affiliates and subsidiaries;
- any of our partners, sponsors or another brand or company within our corporate family;
- any of our agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those third party service providers which have been engaged by us to provide and maintain any IT equipment used to store and access your personal information;
- any third party in connection with any proposed or actual reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
- our data centres outside of Singapore (including in the U.S.A., India or any other countries that we may inform you from time to time);
- our auditors and legal advisors;
- financial institutions, credit card companies and payment processors; and
- public and governmental or regulatory authorities, courts and other alternative dispute forums,
(the “Permitted Parties”).
4. SPECIFIC ISSUES FOR THE DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
1. We respect the confidentiality of the personal data you have provided to us.
2. In that regard, we will not disclose your personal data to third parties without first obtaining your consent permitting us to do so. However, please note that we may disclose your personal data to third parties without first obtaining your consent in certain situations, including, without limitation, the following :
- cases in which the disclosure is required or authorized based on the applicable laws and/or regulations;
- cases in which the purpose of such disclosure is clearly in your interests, and if consent cannot be obtained in a timely way;
- cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of yourself or another individual;
- cases in which the disclosure is necessary for any investigation or proceedings;
- cases in which the personal data is disclosed to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer;
- cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest; or
- where such disclosure without your consent is permitted by the PDPA or by applicable law.
3. The instances listed in the above paragraph are not intended to be exhaustive. For more information on the exceptions, you are encouraged to review the Second, Third and Fourth Schedules of the PDPA which is publicly available at http://statutes.agc.gov.sg.
4. Where we disclose your personal data to third parties with your consent, we will employ our best efforts to require such third parties to protect your personal data.
5. Service Providers. Upon registration for HostGator services, certain User’s personal data may be transferred to trusted affiliated or unaffiliated third parties that help HostGator provide certain services or that provide certain services on HostGator's behalf. For example, Subscriber’s personal data may be transferred to HostGator's affiliated registrar, FastDomain (WHOIS Domain Name Registration Information), or to unaffiliated third parties that help HostGator provide email services or SSL certifications.
6. Co-marketing Activities. Some services are offered or promoted in conjunction with a HostGator partner or sponsor. For example, HostGator may partner with other corporate affiliates of its parent company, The Endurance International Group, Inc. (“Endurance”) or with trusted non-affiliated partners for co-promotions of a particular product or service. HostGator may share certain Subscriber’s contact information but no billing information with HostGator's partner or sponsor in order to provide the relevant services or to run the promotion. If HostGator shares personal User data with partners and sponsors, HostGator requires that they maintain the User information in confidence, and use the personal data solely for purposes of providing the services or carrying out the agreed upon promotion.
7. Online Advertisements. HostGator does not share personal data about individual users with advertisers. HostGator may display online advertisements and share aggregated and non-personally identifying information about Subscribers collected through the registration process or through online surveys and promotions with certain advertisers. This aggregated and non-personally identifying information may be used to deliver tailored advertisements. For example, an advertiser may tell HostGator the audience it wants to reach (e.g., males between 25 and 55 years of age) and provide HostGator with an advertisement tailored to that audience. Based upon the aggregated and non- personally identifying information collected by HostGator, HostGator may then display the advertisement to the intended audience. For the avoidance of doubt, aggregated and non-identifying information does not constitute “personal data” under the PDPA.
8. Customer Surveys. In addition to sharing survey information with service providers confidentially as described above, HostGator may share aggregated, non-personally identifying information obtained from customer surveys within the Endurance corporate family or with third parties. For the avoidance of doubt, aggregated and non-identifying information does not constitute “personal data” under the PDPA.
9. Law Enforcement. HostGator will respond to subpoenas, court orders, or other legal processes, and will utilize User’s personal data as necessary to establish or exercise HostGator's legal rights or defend against legal claims. Additionally, HostGator will share personal data to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of HostGator's Terms of Service, or as otherwise required by law.
10. Domain Registration. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers ("ICANN") or certain registries, Domain Name Registration Information has to be made available and accessible to the public through a "WHOIS" search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name's creation and expiration date. The Domain Name Registration Information you provide is hosted by HostGator or a third party service provider and is made available to the public through WHOIS searches. HostGator may deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements. At times, User’s may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations do not come from HostGator and HostGator does not control the use of WHOIS information by third parties.
5. RESELLER RELATIONSHIPS
In addition to all of the terms and conditions set forth above, the following terms apply to Reseller relationships only.
We may collect personal data under the direction of our Resellers, and we have no direct relationship with the individuals whose personal data is provided, processed or obtained by our Resellers. Customers of resellers who seek access, or who seek to correct, amend, or delete inaccurate personal data should direct their query to the Reseller's data controller. If the Reseller requests that we remove the personal data, we will respond to such request within thirty (30) business days.
If you are a customer of one of our Resellers and would no longer like to be contacted by such Reseller, please contact the Reseller from whom you purchased products or services.
We retain personal data we process on behalf of our Resellers for as long as needed to provide services under the relationship. We will retain and use this personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
6. SOCIAL MEDIA
7. COOKIES AND TRACKING
1. Cookies and Tracking.
HostGator uses different types of cookies (which are electronic collections of information stored on a local computer that are used by websites to keep track of visitors and registered users and to relate one computer transaction to a later one) and other methods of uniquely tracking visitors for different purposes. For example, some cookies are "required cookies" which are necessary for HostGator's website to work. In addition, cookies are used to provide HostGator's existing Subscribers with the opportunity for continued savings and increased convenience as described in more detail below.
2. Cookies for Improving Our Web Site.
HostGator uses "performance cookies" to inform HostGator of a repeat visit. However, these cookies do not tell HostGator who a visitor is, the visitor's name, email address, or passwords.
3. Cookies for Banner Rewards Program.
4. Cookies for Subscriber Account Management.
For HostGator Subscribers, HostGator uses "functional cookies" to store user names for added convenience. For example, the cookie would contain a piece of identifying information such as a customer ID, username, or session ID that would be used to look up the customer ID. HostGator offers password-protected, web-based management tools as part of its webhosting packages. By storing a Subscriber's username in a cookie, the Subscriber will not have to fill out form fields each time he or she manages the account. (The cookie does not store passwords.)
5. Cookies for Advertising.
HostGator may also utilize "advertising cookies" to track referrals from internal and external affiliates, as well as advertising campaigns. HostGator may also use a third party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help HostGator measure the effectiveness of its advertising and to enable HostGator to provide more focused marketing communications to you.
6. Cookie Preferences.
You may set your web browser to notify you when you receive a cookie or change the settings on your web browser to clear or disable cookies. If you decide not to accept cookies, you may not be able to take advantage of all of the features of HostGator's website. Additionally, please be aware that if you visit third party websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Cookies do not enable third parties to access any of your personal (i.e., contact) information. However, advertisers and partners may also use their own cookies. HostGator does not control use of these cookies and are not responsible for information collected through them.
8. ACCURACY OF PERSONAL DATA
- We will take reasonable efforts to ensure that your personal data is accurate and complete, if your personal data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us with any changes in your personal data that you have provided us previously. We are not responsible for relying on inaccurate or incomplete personal data arising from your failure to update us of any changes in your personal data that you provided us with.
9. REQUEST FOR ACCESS AND/OR CORRECTION OF PERSONAL DATA
1. HostGator allows you to access, update, and correct inaccuracies in your personal information in HostGator's custody and control, subject to certain exceptions prescribed by law, by accessing the control panel or by contacting support via email, phone or online chat. HostGator may request certain personal information for the purposes of verifying your identity.
2. To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your control panel. Alternatively, you can contact HostGator support.
3. For a request to access personal information, once we have sufficient information from you to process the request, we will seek to provide you with the personal information within 30 days. If we are unable to respond to you within 30 days, we will notify you. Note that the PDPA exempts certain types of personal information from being subject to your access request.
4. For a request to correct personal data, once we have sufficient information from you to process the request, we will:
- correct your personal data within 30 days. If we are unable to do so within 30 days, we will notify you. Note that the PDPA exempts certain types of personal information from being subject to your request as well as provides for situation(s) when correction is not necessary despite your request; and
- send the corrected personal information to every other organisation to which the personal information was disclosed by us within a year before the date the correction was made, unless that other organisation does not need the corrected personal information for any legal or business purpose.
- Notwithstanding the preceding paragraph, we may, if you so consent, send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made.
10. REQUEST TO WITHDRAW CONSENT
- You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by submitting your request to our DPO.
2. We will process your request within a reasonable time of receiving the request and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request.
3. Please note that depending on the extent of your withdrawal of consent for us to process your personal data, we may not be able to continue provide Services to you.
4. Public Forums. Please remember that any information you may disclose or post in forums or other public areas of HostGator's website or the Internet, becomes public information. You should exercise caution when deciding to disclose personal data in these public areas. To request removal of your personal data from HostGator community forums or testimonials, contact HostGator at email@example.com. In some cases, HostGator may not be able to remove your personal information, in which case HostGator will let you know why it is unable to do so.
5. Unsubscribe/Opt-out. When you become a Subscriber of HostGator, you are automatically subscribed to receive transactional notices about your account, email newsletters and news of special promotions offered through HostGator and/or in conjunction with HostGator's partners. To unsubscribe from HostGator newsletters and promotional mailings, please update your preferences in your HostGator control panel or contact HostGator support. You may also unsubscribe through the links provided in promotional email messages sent by HostGator or on HostGator's behalf. You cannot opt out of receiving transactional notices about your account.
11. ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
- We will put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. For example, when a User orders from HostGator, we receive your personal information in encryptedinis encrypted and protected format. HostGator uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.
2. We will also put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.
3. If your personal data is transferred out of Singapore, we will comply with the PDPA in doing so, including by obtaining your consent unless an exception under the PDPA or law applies, and taking appropriate steps to ascertain that the foreign recipient organisation of the personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the Act. This may include us entering into an appropriate contract with the foreign recipient organisation dealing with the personal data transfer or permitting the personal data transfer without such a contract if the PDPA or law permits us to.
12. COMPLAINT PROCESS
- If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the PDPA, we welcome you to contact us with your complaint or grievance.
Please contact us with your complaint or grievance :
Attn: Data Protection Officer
Unit No.501, Nesco IT Park, Nesco Complex,
Western Express Highway, Goregaon (East),
We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.
13. CHILDREN UNDER 13
This website is not directed towards children and HostGator does not seek to collect any personal information from children. If HostGator becomes aware that personal information from a child under the age of 13 has been collected, HostGator will use all reasonable efforts to delete such information from its database.
14. UPDATES ON DATA PROTECTION POLICY
We reserve the right to revise, amend, or modify this Policy at any time and in any manner. However, if we plan to materially change how we use previously collected personal information, you will be notified via email or through a prominent notice on our website of the change, as well as any choices you may have regarding your personal information. We encourage you to periodically review this page for the latest information on our privacy practices.
Last Updated on [19/10/2016]