Privacy Statement

Resource

Legal

Date

Sep 07, 2023

The privacy and security of your personal information is important to us.

This Privacy Statement (“Statement”) describes what and how StackPath, LLC and Highwinds Network Group, Inc. (“StackPath”, “we”, “our”, and “us”) gathers and how we may use personal information. This Statement applies to: (i) users of the website www.stackpath.com (the “Site”); (ii) users of StackPath services and related offerings that reference or link to this privacy statement (the “Service(s)”); (iii) information gathered from visitors to websites using the Services; (iv) data subjects that interact with StackPath via offline methods (e.g. conference participants); and (v) website job applicants. (i), (ii), (iii), (iv) and (v) individually and collectively are referred to as “User(s)” or “you”. It also describes your choices regarding use, access and correction of your personal information. The use of personal information we collect shall be limited to the purposes of providing the StackPath services and related offerings for which the user has engaged StackPath.

1. Participation in the EU – U.S. Data Privacy Framework and United Kingdom Extension and Swiss – U.S. Data Privacy Framework 

StackPath complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the United Kingdom (UK) Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  StackPath has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and European Economic Area (EEA) in reliance on the EU-U.S. DPF and from the UK (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  StackPath has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

StackPath may transfer personal data collected and received from EEA member countries, UK and Switzerland to the U.S. StackPath is committed to subjecting all personal data received from the European Economic Area, UK and Switzerland, in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF, to the EU-U.S. DPF Principles and the Swiss-U.S. DPF Principles, as applicable.

Under the EU-U.S. Data Privacy Framework, we may be liable under certain circumstances for the processing of personal data we receive, under each Framework, and subsequently transfer to a third-party acting as an agent on our behalf. StackPath complies with the EU-U.S. DPF Principles for all onward transfers of personal data from EEA, UK and Switzerland, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over StackPath’s compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.  In certain situations, 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.

2. Inquiries and Complaints Process for EU – U.S. Data Privacy Framework Data and Data Processed in the European Economic Area, UK, and Switzerland

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, StackPath commits to resolve DPF Principles-related complaints about our collection and use of your personal information.  EEA, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact StackPath using the Contact Information provided below. 

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, StackPath commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to Truste an alternative dispute resolution provider based in in the United States  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint.  The services of Truste are provided at no cost to you. If you reside in an EEA member state, the UK, or Switzerland, and we process your personal data in an EEA member state, the UK, or Switzerland: If you have a question or complaint regarding the processing of your personal data, you may in the first instance contact the Company’s Privacy Office using the Contact Information provided below. If you are unsatisfied, then you have the right to lodge a complaint with a Data Protection Authority.

Under certain conditions, more fully described on the EU-U.S. Data Privacy website at https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2, you may invoke binding arbitration after exhausting other dispute resolution procedures described in this Statement.

Where we are processing data received from or collected on behalf of our Clients: StackPath collects information under the direction of, and receives information from, its clients and has no direct relationship with the individuals whose personal data it processes under these circumstances. If you are a customer of one of our clients and would like to make an inquiry or complaint, please contact the client that you interact with directly.

3. Information We Collect or Receive and the Purposes for Which We Collect, Receive, and Use It

We only collect, use, share, store, or otherwise process your personal information when we have an appropriate legal basis. For example, we may process your personal information as necessary to provide services that are subject to the contract terms you have agreed to, such as our end user license agreements or service terms and conditions.

We may process your personal information when necessary to comply with legal obligations or for purposes of pursuing legitimate interests (such as providing products and services, preventing fraud, enforcing legal claims, and security purposes), if doing so is consistent with your rights and appropriate to the context, such as providing Services, the Site, performing internal analytics, and conducting reasonable monitoring of your use of our Site or Services to prevent misuse of our Site or Services and fraud. Additionally, we may, in certain cases, ask you for your consent for certain processing of your personal information.

We collect personal information through the Site and websites using the Services, such as name, address, postal code, email address, phone number, IP address, username, password, tax identification number, social security number, billing (e.g. financial account number, debit and credit card number), location data and other information a User provides. We collect the following information related to website job applicants: resume, citizenship/employment eligibility, confirmation that applicants are over 18 years old or older, information provided answering questions relevant to the posting (and if an applicant decides to voluntarily disclose it: gender, race/ethnicity, veteran status, self-identification of disability).

We may use this information for the following purposes:

  • operate, maintain, and improve the Site and Services.
  • respond to comments and questions and provide customer service.
  • send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
  • link or combine user information with other personal information.
  • process your website job application and verify your suitability to the applied position.
  • protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
  • business and product development.
  • customer service, relationship and/or account management.
  • payment processing.
  • social media campaigns.
  • market research and development.
  • direct marketing communications.

We will only use this information for the purposes for which we collected or received it, unless we reasonably consider that we need to use the information for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Our Customers use our Services to build and deploy their applications, services, and workloads at the edge with edge computing and generally use our Services to protect their edge. If you provide personal information through our Services, StackPath shall process this information as a data processor on behalf of its Customers. Unless StackPath uses some of this information for its own purposes (as described above). As a processor, StackPath may collect and process our Customers data, including sensitive personal information. Our Customers include but are not limited to companies from the Media, Entertainment, Advertising, Publishing and Technology industries.

We also use information as described in the section on Tracking Technologies, below.

Our Sites and Services are not for use by persons under 18 years of age. We do not knowing collect personal information from children under 18 years of age. We do not knowingly permit children under age 18 to register for any website, application, product or service.

4. Sharing of Personal Information

We do not sell your personal information for monetary consideration. We will only share personal information:

  • for legal, protection, and safety purposes. This includes: (i) as required by law, such as to comply with a subpoena or similar legal process, investigate fraud, or respond to a government request (ii) protecting the rights and property of StackPath, our clients, Users, and others, including enforcing our agreements, policies, and AUP; (iii) in an emergency, including for the safety of our employees, Users, or any person. If StackPath is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.
  • with those who need it to do work for us (services providers and vendors). For example, third-party companies to process payments. We do not store full credit card numbers or personal account numbers. These companies are authorized to use your personal information only as necessary to provide these services to us, pursuant to written instructions. In such cases, these companies must abide by appropriate data privacy and security requirements, and are not allowed to use personal information they receive from us for any other purpose. Representative business processes that our service providers/vendors assist us with include: processing payments, fraud detection, marketing & sales efforts, and technical/billing support.
  • with consent.

5. California Residents

If you are a California resident, please see our California Notice at Collection and Privacy Policy page for information. You may contact us with questions or requests using the Contact Information provided below.

6. Tracking Technologies

StackPath and its service providers use (persistent and session) cookies or similar technologies (e.g. JavaScript, web beacons, HTML5) to collect information such as internet protocol (IP) addresses. Such information helps us to authenticate users, or personalize the content on, the website or online service, ensure legal or regulatory compliance, recognize and may track the individual’s behavior across multiple online properties for ad-targeting purpose, to analyze trends, administer the website, track users’ movements around the website, provide fraud prevention and security services to our Clients, and to gather demographic information about our user base as a whole. Users can typically remove and reject cookies from our Site with its browser settings. Many browsers are set to accept cookies settings are changed. If you remove or reject the cookies, it could adversely affect how our Site and Services work.

“Cookies” do not tell us name, email address or passwords of a User. When a User visits the Site, we may use the computer’s cookies to provide a more personal and interactive experience. To improve and secure the Services we provide to Users, we may place cookies on websites of a User using the Services. One example is continually improving the identification of potential security threats to a User’s website. For further information about cookie preferences please see our Cookies Information and Policy page.

7. Log Files

As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, computer operating system type, browser type, browser language, the website a User visited before browsing to our Site, pages viewed, how long a User spent on a page, access times and information about use of and actions on our Site to analyze trends in the aggregate and administer the Site.

8. Interest Based Advertising

We have engaged third-party service providers to display advertising on our website or to manage our advertising on other sites. Our third-party service providers may use cookies or similar technologies in order to provide advertising based upon user browsing activities and interests. You can request to opt out of third-party interest-based advertising by clicking here [or if located in the European Union by clicking here]. Please note you will continue to receive ads.

9. Security

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. We use Transport Layer Security (TLS), the industry standard, for encrypting all personal information, including name, address and credit card numbers. No system can be guaranteed to be 100% secure. If you have any questions about the security of your personal information, you can contact us at security@stackpath.com.

10. International Transfer of Personal Information

StackPath may, subject to applicable law, transfer your information outside the country where you are located and to where information protection standards may differ (e.g., your information may be stored on servers located in other jurisdictions). 

11. Information Choices and Access

If we send any marketing emails, we will tell you how to “opt-out.” If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or by contacting us using the Contact Information provided below. If you opt out, we may still send non-marketing emails including account-related or business communications.

Upon request StackPath will provide you with information about whether we hold any of your personal information. Under certain circumstances individuals who reside in Europe, the UK, or Switzerland may have the right to request access to, correction of, erasure of, or the transfer of your personal information, as well as the right to object to or restrict the processing of your personal data by contacting us using the Contact Information provided below. We will respond to your request within a reasonable timeframe.Where we are processing your personal data pursuant to your consent, you may revoke your consent by contacting us using the Contact Information provided below.

Where we are processing data received from or collected on behalf of our Clients: StackPath collects and receives information under the direction of its clients and has no direct relationship with the individuals whose personal data it processes under these circumstances. If you are a customer of one of our clients and would no longer like to be contacted by one of our clients that use our service, please contact the client that you interact with directly.

Individuals who reside in Europe, the UK, or Switzerland may also request to opt out of (a) disclosures of their personal information to an unaffiliated third party who does not serve as our agent or service provider, if any, or (b) use of their personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized if any such use occurs.

An individual who seeks to exercise the rights described above for data that have been transferred to the U.S. pursuant to the EU-U.S. Data Privacy Framework or that are being processed in an EEA member state, the UK, or Switzerland, should submit their query to the StackPath client (the data controller) where we process their personal information on behalf of a StackPath client. In the event StackPath processes such personal information on our own behalf, please contact us directly using the Contact Information provided below. 

12. Retention

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Our website includes links to other websites whose privacy practices may differ from those of StackPath. If you submit personal information to any of those websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

14. Contact Information

For comments or questions about this Statement or requests please contact us at: privacy@stackpath.com. You may alternatively contact us via our Privacy Request Form or by leaving a message on our privacy voice mailbox at +1 (877) 629-2361 (US) or +1 (323) 313-1206 (International).

StackPath LLC Attention: Privacy 1950 N. Stemmons Freeway Suite 1001 Dallas TX 75207

15. Changes to the Privacy Statement

We may change or update this Statement at any time. If we do, we will change the Last Updated date and promptly post it on the Site. If we make any material changes, we will notify you or our Client by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

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