Last Updated: July 1, 2021
1.1 “Customer” means any company, enterprise, business or other organization that is interested in purchasing and/or using the Services (including, without limitation, during an Evaluation Period).
1.2 “Customer Data” means all Personal Data, records, files, input materials, reports, forms and other such items that are received, stored or transmitted by the Customer in the course of using the Services.
1.3 “Data Protection Laws” means the GDPR, the laws in the EEA implementing or supplementing the GDPR in the relevant countries and any other data protection laws applicable to Madison Cloud.
1.4 “Data Subject”, “Controller”, “Processor” and “Supervisory Authority” shall have the meaning ascribed to such terms in the applicable Data Protection Laws.
1.5 “GDPR” means General Data protection Regulation (EU) 2016/679 (as may be amended, replaced or superseded from time to time).
1.6 “Information” shall mean Personal Data and Non-Personal Data, together.
1.7 “Non-Personal Data” means any information, data or content collected by Madison Cloud about your use of the Website and/or Services which is not Personal Data.
1.8 “Personal Data” means any information relating to an identified or identifiable individual, regardless of the media in which it is contained, including without limitation name, address, email, telephone number, business contact information, date of birth, Social Security Number, credit or debit card number, bank account number, and any other unique identifier or one or more factors specific to the individual’s physical, physiological, mental, economic, cultural or social identity. In any jurisdiction where information that identifies a unique computer or device is considered personal data, such information will be considered Personal Data.
1.9 “Services” shall have the meaning ascribed to it in Madison Cloud’s TOS.
1.10 “You” or “User” means the individual who is using the Website and/or the Services on behalf of the Customer.
1.11 “Website” means Madison Cloud’s website located at madisoncloud.wpengine.com.
1.12 “Website Data” means any Personal Data Customer submits and/or otherwise uploads to the Website (via its Users) in order to contact Madison Cloud for any purpose.
2. INFORMATION COLLECTED
2.1 Collection and/or Processing of Personal Data.
Website Data that You Provide through the Website. When visiting our Website or contacting us, we may require you to provide us with Personal Data, or you may choose to give us Personal Data for many reasons, such as: contact information (when registering on our Website to obtain our Services or inquiring about becoming a supplier or business partner), facts about yourself, your business, profession and product preferences. In some jurisdictions You have no legal obligation to provide us with any Personal Data (whether in the Website and/or the Services), and the provision of it is solely based on your free will. However, you are aware that without the provision Personal Data, we will not be able to reply and/or otherwise address your query in the Website and/or open your account for the use of the Services. Personal Data will be stored in our database(s).
Customer Data that You Upload through the Services. In providing the Services to Customers, Madison Cloud may process on behalf of Customers Personal Data they choose to upload or otherwise submit to our Services. The processing of Personal Data included in the Customer Data is governed by the applicable agreement(s) between us and the Customer.
2.2 Collection of Non-Personal Data. Madison Cloud’s servers may automatically collect website usage information from you when you visit our Website. Website usage information informs us about how visitors and subscribers use and navigate the Website, including the number and frequency of users to each web page, the user IP address, and the length each user stays. See further information below under “Information Gathering Tools.”
3. HOW INFORMATION IS COLLECTED
3.1 Collection Methods. Madison Cloud collects Website Data through your entry, connection, access and/or use of the Website and/or otherwise provided to us voluntarily. Further, Customer Data may be uploaded by the Customer through the Services, in the course of using the Services, and we may generate Non-Personal Data by using technological tools as set forth below.
3.2 Information Gathering Tools. Madison Cloud uses common information-gathering tools listed below to collect information as you navigate our Website (“Information Gathering Tools”). Information Gathering Tools include without limitation:
(ii) Web Beacons. Madison Cloud uses web beacons alone or in conjunction with cookies to compile information about Customers and visitors’ usage of the Website and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular web site tied to the web beacon, and a description of a web site tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to our Website. We use web beacons to operate and improve the Website and email communications.
(iii) IP Addresses. When you visit the Website, we collect your Internet Protocol (“IP”) addresses to track and aggregate Non-Personal Data. For example, we use IP addresses to monitor the regions from which customers navigate the Website. We also collect IP addresses from Customers when they log into the Services.
4. HOW INFORMATION IS USED
4.1 Madison Cloud uses Website Data to:
(i) Register and administer your account(s) and deliver Services and support;
(ii) Prevent and detect security threats or other malicious activity in the Services;
(iii) Send communications to you, such as service information, account summaries, promotional offers, and surveys;
(iv) Protect our rights and the rights of others, including preventing fraud and other illegal activities;
(v) Contact you as you have requested related to your use of the Services, or other inquiries;
(vi) Protect the security or integrity of our business or our Services; or
(vii) Otherwise, as disclosed to you at the point of collection.
4.2 Madison Cloud uses Customer Data to:
(i) Provide the Services to Customer in accordance with the applicable Terms of Service, Orders or other agreements between Madison Cloud and the Customer, and to carry out obligations arising from such agreements;
(ii) Comply with legal obligations and protect Madison Cloud’s rights and legitimate interests.
4.3 Madison Cloud uses Non-Personal Data to:
(i) Enhance the User’s experience on the Website;
(ii) Create statistical information and learn about the preferences of Users and general trends on the Website (e.g. understand which features are more popular than others);
(iii) Enhance the safety and security of the Website and to prevent fraud.
4.4 For Users in the EU:
(i) Website Data. We only process Personal Data where we have a legal basis to do so. The legal basis will depend on the reason or reasons we collected and need to use the Website Data. The legal basis for processing Website Data will be: (a) to comply with our contractual obligations with the Customer with respect to the provision of the Services and/or to address your query in the Website; (b) there is a legitimate interest to process the Website Data (for example, to identify and prevent abuse of the Website or the Services or to improve the Services); (c) To comply with a legal obligation that applies to us (for example, to disclose information to authorities).
(ii) Customer Data. The Customer Data stored by Madison Cloud is solely owned and controlled by the Customer. Each Customer is the Controller of such information and Madison Cloud only acts as a Processor on behalf of the Customer. We will process the Customer Data in accordance with the provisions of our Data Processing Addendum to be entered into between Customer and us. The Customer’s initiates the collection of Customer Data, determines from whom to collect such data, defines what data to collect and how to use the collected Customer Data. As such, the lawful basis for processing of Customer Data has been determined exclusively by the Customer. For further queries with respect to the Customer Data and the lawful basis of its processing, please review the Customer’s privacy policies and/or contact the Customer.
5. SHARING OF INFORMATION COLLECTED
5.3 Business Transfers. In the event Madison Cloud is involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Data and other Information may be transferred to a successor or affiliate as part of that transaction along with other assets.
5.4 Official Authorities. We may need to disclose Personal Data in response to lawful requests by public authorities or law enforcement officials, including meeting national security or law enforcement requirements. We cooperate with government and law enforcement officials to enforce and comply with the law.
6. INTERNATIONAL TRANSFER OF INFORMATION COLLECTED
To facilitate our global operations, Madison Cloud may transfer and process your Personal Data from around the world, according to the terms herein:
6.1 Customer Data. As an integral part of the Services, each Customer independently chooses the data center in which Customer Data will be stored and processed. We are committed to protecting Personal Data and will take appropriate steps to ensure that Personal Data is processed and stored securely and in accordance with applicable Privacy Law. It is the Customer’s sole and exclusive liability and responsibility to ensure that its decision with respect to Customer’s Data location worldwide (including, without limitations, to any onward transfer) is in full compliance with Data Protection Laws, and that Data Subjects’ rights under such Data Protection Laws are not violated and/or otherwise offended.
6.2 Website Data
(i) EU Users. Please note that Website Data might be stored on secured servers located in countries outside the European Economic Area (EEA). In order to keep your Personal Data safe, we apply strict safeguards when transferring it outside the EEA, which may include the following: (a) Transferring Website Data to countries approved by the European Commission as having adequate data protection laws; (b) Entering into standard contracts that have been approved by the European Commission and which provide an adequate level of high quality protection, with the recipients of Website Data; (c) Transferring your Personal Data to organizations that are Privacy Shield Scheme certified, as approved by the European Commission.
(ii) Non-EU Users. Website Data is stored on secured servers located in countries outside of your jurisdiction, which may not be considered to offer an adequate level of protection as exists under your local laws. By submitting your Personal Data through the Website and/or in the Services, you hereby acknowledge, and provide your informed consent to such transfer, storing and/or processing of your Personal Data in such locations.
7. YOUR RIGHTS
7.2 Website Data. We hereby inform you of the following rights with respect to the processing of your Personal Data incorporated in the Website Data. Please note that these rights may differ, dependent on whether you are an EU User or not:
(i) You have the right to request a review of your Personal Data we process;
(ii) You have the right ot have your Personal Data rectified to the extent it is incorrect, incomplete or not processed in compliance with applicable Data Protection Laws;
(iii) You may be entitled to require that we erase certain parts of your Personal Data if its processing is not justified;
(iv) You have the right of data portability of some of your Personal Data to other controllers;
(v) In some circumstances, you have the right to object to or withdraw consent (where the legal basis for processing is consent);
(vi) Under certain circumstances, you may have the right to object to the processing of your Personal Data due to your particular situation;
(vii) You have the right to lodge a complaint before the applicable Supervisory Authority of your jurisdiction.
If you wish to exercise any of your rights, please contact us at email@example.com. We will act in accordance with the applicable Data Protection Laws, in order to comply with your request.
8. PROTECTING YOUR INFORMATION
8.1 We are committed to protecting the security of Personal Data. We use a variety of administrative, technical, and physical security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We will not give, sell, rent, share, or trade any Personal Data about you to third parties or provide your Personal Data, including your name or email address, to third parties except as provided herein, or required by law, subpoena or court order. While we strive to protect your Personal Data, we cannot ensure or warrant that the Personal Data or private communications you transmit to us will always remain private and will not be illegally accessed, and accordingly you assume all risk associated therewith and agree that we will not under any circumstances be liable to you in respect thereof.
8.2 You may access your account information and our Services only through the use of individual login credentials. To protect the confidentiality of Personal Data, avoid disclosing login credentials to third parties. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.
If you have any questions about the security of your Personal Data, you can contact us at contact us at firstname.lastname@example.org.
9. THIRD-PARTY LINKS
10. RETENTION POLICY
We retain different types of Information for different periods, depending on the purposes for processing the Information, our legitimate business purposes as well as pursuant to legal requirements under applicable law.
10.1 Website Data. We will retain certain Website Data for as long as your account is active and/or as is needed to provide you the Services (unless we are legally required to delete it, or if you seek to exercise your right to delete it). If you wish to request that we no longer use your information to provide you Services, contact us by electronically mailing our Customer Support at email@example.com. We will retain and use your registration information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
10.2 Customer Data. Given the Customer is the Controller of the preservation and deletion of Customer Data, the Services will allow you to delete the Customer Data following the termination of the Services or at any time prior to such time, at Customer’s discretion.
10.3 Non-Personal Data. Unless otherwise restricted under applicable law, Non-Personal Data will be retained indefinitely.
To the extent you subscribed to our marketing and promotional mailing list, you may opt-out of having your Personal Data: (a) used for purposes not directly related to the use of the Website and/or Services, or (b) disclosure of Personal Data to third parties not identified at the time of collection or subsequently authorized. You may opt-out of receiving promotional materials by following the Madison Cloud opt-out process. This opt-out only applies to Personal Data collected on our Website and does not apply to any use and/or process of Information in or by third-party sites, third-party publishers, advertisers, ad networks or other third parties.
12. CHANGES TO THIS PRIVACY PROTECTION POLICY
13. GOVERNING LAW
14. CONTACT US