Privacy Policy

What this policy covers

CodyPlanet LLC ("WHMCMS") respects and values your privacy. That's why WHMCMS has established this Privacy Policy (referred to as the "Privacy Policy" herein) - so that WHMCMS can disclose what information WHMCMS collects about you and how WHMCMS use, store and disclose such information. WHMCMS want to help you make an informed decision about whether or not to share your information with WHMCMS.

 

WHMCMS reserves the right to revise, modify, add or remove provisions to this Privacy Policy at any time. In the event that WHMCMS do so, WHMCMS will notify you in accordance with the notice provisions of WHMCMS' Terms of Service. Take note of the 'Last Updated' date listed at the foot of this Privacy Policy. If WHMCMS make changes to this Privacy Policy, WHMCMS will update that date to notify you of the date of such changes. By continuing to use www.whmcms.com ("the Website") after receiving notice of the updated Privacy Policy, you acknowledge that you have read and understand the revised Privacy Policy.

 

Capitalised terms in this Privacy Policy have the meaning given to such terms in WHMCMS' Terms of Service.

 

How does WHMCMS collect information from you?

 

WHMCMS collects information from you when you send it to WHMCMS directly by filling out forms on WHMCMS' Website (including any application you may make for Services or the Software), corresponding with WHMCMS by e-mail, writing to WHMCMS by post, or speaking to WHMCMS by telephone. WHMCMS also collect information from you when you browse the Website and use the Software, as set out in detail below. Some of the methods WHMCMS use to collect data are automated and will take effect automatically as you navigate the Website and/or use the Software.

 

What information does WHMCMS collect?

Personal Information

Personal information means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person ("Personal Information").

WHMMCS may collect the following Personal Information from you: name, address, telephone number, postal address, e-mail address, IP address, information about the type of browser you use, your operating system, the screen resolution of your browser, your ISP, which pages you view on the Website and the time and duration of your visits to the Website, credit card number (in the case of direct customers) and, if applicable, company name, postal address, telephone number, e-mail address, credit card number or tax ID number as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organisation.

 

User Communications.

If you communicate with WHMCMS, WHMCMS may collect information relating to that communication whether it takes the form of e-mail, letter, forum posting, testimonials or any other form of communication between you and WHMCMS or submitted by you to the Website (collectively, "User Communications").

 

Server Information.

If you use one of WHMCMS' software products such as WHMCMS' proprietary Content Management Solution, WHMCMS may collect certain information concerning such software and concerning the server upon which the software operates. This information includes without limitation: (a) the licensed or unlicensed status of the software; (b) the source from which the license for the software was obtained (i.e., WHMCMS or a WHMCMS affiliate); or (c) information about the server upon which the software is installed including (i) the public IP address, (ii) the operating system and (iii) the use of any virtualization technologies on such server ((a) through (c) collectively, "Server Information")). Additionally, "Server Information" may also include information collected by WHMCMS from time to time concerning which features of the software are most often used in order to improve and make adjustments to the software; and information collected from you by WHMCMS in the event that you request technical support services including without limitation, IP addresses, usernames and passwords necessary to login to SSH, the root directory of the server upon which you installed the WHMCMS software and any affected accounts including email accounts, MySQL accounts and other accounts.

 

Non-Personal Information.

WHMCMS also collect data in a form that does not, on its own, permit direct association with any specific individual. WHMCMS may collect, use, transfer, and disclose non-personal information for any purpose.

 

What information does WHMCMS collect if you're under the age of 13?

WHMCMS does not knowingly collect Personal Information about children under the age of 13. If WHMCMS becomes aware that it has inadvertently collected Personal Information about children under the age of 13, it will take steps to delete the information as soon as possible, except where WHMCMS is required by applicable law to keep it.

Where WHMCMS knows a child is above the age of 13, but considered a minor under applicable law, WHMCMS will obtain parental/guardian consent prior to using that child's Personal Information.

 

How does WHMCMS use and store the information it collects?

As a general matter, WHMCMS may use the Personal Information you disclose to WHMCMS to improve and provide the Website, the Services and WHMCMS' other products and services, and for the specific purpose that you gave WHMCMS your Personal Information. More specific details on how WHMCMS use your information follows below.

 

WHMCMS may use Personal Information to create and authenticate your account, to process transactions you request such as software license purchases in order to perform any contract you have entered into with WHMCMS, to provide you with customer and technical support and to communicate with you about your account and WHMCMS' products and services.

 

The Personal Information you provide to WHMCMS allows WHMCMS to provide you with the newsletters and mailing lists that you have signed up for with WHMCMS. If you do not want to be on WHMCMS' mailing list, you can opt out at any time by changing your settings in your 'My Details' page within the client area.

 

WHMCMS may also use Personal Information to offer, market or advertise to you WHMCMS products and services. While such WHMCMS products and services may reference, incorporate or include third-party products and services, WHMCMS will not use your Personal Information to independently offer, market or advertise third-party products and services unless WHMCMS first obtain your consent to do so.

 

From time to time, WHMCMS may use your Personal Information to send important notices, such as important product updates and communications about purchases as well as changes to WHMCMS' terms, conditions, and policies. Because this information is important for your interaction with WHMCMS you may not opt out of receiving these communications.

 

WHMCMS may also use your Personal Information for any other legal purpose stated in this Privacy Policy, and any other purpose for which you have given WHMCMS express consent.

 

Where you consent to WHMCMS doing so, WHMCMS may use your Personal Information to send you direct marketing communications. Should you ever choose to 'opt out' of receiving such communications WHMCMS may retain your Personal Information on file to ensure that WHMCMS do not continue to target you with communications of the type that you have asked WHMCMS to cease sending to you.

 

WHMCMS limits the use of Personal Information to the purposes identified in this Privacy Policy and for which you have provided explicit consent. In accordance with established policies and procedures, WHMCMS retains Personal Information only for as long as necessary to fulfil the stated purposes, unless it is required by law for a different period or WHMCMS has the consent of the individual.

 

In accordance with established policies and procedures, WHMCMS will periodically destroy or erase any Personal Information that is no longer needed.

 

WHMCMS may use User Communications in the same way as WHMCMS uses Personal Information. If you communicate with WHMCMS for a particular purpose, WHMCMS may use your User Communications for that purpose. For example, if you contact WHMCMS for technical support, WHMCMS may use your communications to provide technical support to you.

 

WHMCMS may use Server Information to provide you with technical support services and to maintain, evaluate, improve and provide WHMCMS products and services. WHMCMS may also use such information to investigate unlicensed (and therefore unauthorised) uses of WHMCMS' software.

 

Where is your Personal Information stored?

WHMCMS IS A GLOBAL COMPANY AND YOUR PERSONAL INFORMATION WILL NOT NECESSARILY BE HELD IN THE EUROPEAN ECONOMIC AREA ("EEA"). YOUR PERSONAL DATA MAY BE TRANSFERRED TO AND STORED AT OUR US OFFICE AND ASSOCIATED DATACENTERS AND BY ACCEPTING OUR TERMS OF SERVICE AND/OR A SOFTWARE EULA, YOU ARE EXPLICITLY CONSENTING TO THIS TRANSFER AND STORAGE TAKING PLACE. WE WILL TAKE ALL STEPS REASONABLY NECESSARY TO ENSURE THAT YOUR PERSONAL INFORMATION IS TREATED SECURELY AND IN ACCORDANCE WITH THIS PRIVACY POLICY.

 

How does WHMCMS disclose the Personal Information it collects?

Except as disclosed in this Privacy Policy, WHMCMS does not share your Personal Information with unaffiliated third parties other than as set out in this Privacy Policy. WHMCMS will never disclose your Personal Information to an unaffiliated third party for the purposes of e-mail or other marketing unless WHMCMS first obtain your consent to do so.

 

WHMCMS cannot be responsible for protecting your Personal Information if you share such information in publicly available sections of the Website such as the user forums or testimonials section. You should use your own judgment in disclosing this information on the Website.

 

In the event that WHMCMS is purchased by another company, merges with another company or has a substantial portion of its assets purchased by another company, WHMCMS may share your Personal Information with that company. In such an event, WHMCMS will notify you in accordance with the notice provisions of the Terms of Use.

 

WHMCMS may share your Personal Information with third parties as permitted or required by applicable law, by a court order or by another judicial or governmental request. WHMCMS may also disclose your Personal Information if WHMCMS determine that such disclosure is necessary to protect WHMCMS's rights and remedies or is necessary for national security, law enforcement, or other issues of public importance. Such disclosures could take place in the context of an investigation or to prevent or take action against illegal activity, suspected fraud, situations involving potential threats to the physical safety of any person, violations of WHMCMS's Terms of Service, applicable EULAs or other WHMCMS agreements, or as otherwise required by applicable law. Where this is the case WHMCMS will endeavour to give you notice of such disclosures, to the extent that WHMCMS are lawfully permitted to do so.

 

WHMCMS may disclose your Personal Information to affiliated third parties that assist WHMCMS in providing maintaining, evaluating, improving and providing the Website, the Services and any other WHMCMS products and services. WHMCMS may disclose your Personal Information to affiliated third parties for the purposes of offering, marketing or advertising WHMCMS products and services to you (such WHMCMS products and services may reference, incorporate or include third-party products and services). In such an event, WHMCMS will take reasonable measures to prevent such affiliated third parties from using your Personal Information for other purposes.

 

Does WHMCMS use cookies and web beacons?

Cookies

Yes, WHMCMS uses cookies to distinguish you from other users of the Website and to improve your overall experience. When you use the Website, certain information may be stored locally on your device using 'cookies' or similar technologies such as objects stored in the device's local storage. A cookie is a small text file used to store limited information about the user of the device. They help WHMCMS to identify how WHMCMS' users use the Website, and so that WHMCMS can continue to develop and improve it.

 

Cookies do this by storing information about your preferences on your device, including the device model, manufacturer, screen resolution, device capabilities, service provider, country and city location data. WHMCMS uses the following types of cookies:

 

Strictly necessary: These cookies enable WHMCMS' Website to function correctly and deliver the services and products you have requested.

 

Performance & Functionality: These cookies are used to enhance the performance and functionality of WHMCMS' Website but are non-essential to their use (for example, WHMCMS uses cookies to remember your preferences on the Website). However, without these cookies, certain functionality may become unavailable.

 

Analytical: These cookies collect information that is used either in aggregate form to help WHMCMS understand how the Website is being used or to help WHMCMS customise the Website for you. In particular WHMCMS use the Google analytics cookies. For more information about Google's privacy policy, please visit http://www.google.com/intl/en/policies/. If you do not wish to allow the use of Google Analytics cookies at all, Google provides an opt-out plug-in for most common website browsers http://tools.google.com/dlpage/gaoptout.

 

By using the Service, you accept the use of cookies in accordance with this Privacy Policy.

 

Your cookie choices

You have the right to choose whether to accept or refuse cookies and similar technologies. You can exercise this choice by not accepting the Terms of Service and this Privacy Policy, however, please note that if you choose to do so, you will not be able to use the Service.

For more information about what cookies are and your rights to control cookies, please visit the third party educational resource www.allaboutcookies.org.

Web beacons

WHMCMS does not use web beacons.

 

How does WHMCMS protect Personal Information and other information about you?

WHMCMS takes reasonable steps to protect any Personal Information WHMCMS collects about you. Additionally, WHMCMS may supply you with tools to evaluate the strength of the password you select for the Website. No security measures are foolproof, and WHMCMS cannot guarantee the security of your information other than to take reasonable steps to protect it. In the event that WHMCMS becomes aware of a security breach, unauthorised disclosure or inadvertent disclosure concerning your information, you agree that WHMCMS may notify you of such an event using the notice provisions of the Terms of Use.

 

You are responsible for maintaining your account's security (as more specifically explained in the Terms of Service).

 

Information and access to your Personal Information

Based on what you have told WHMCMS, WHMCMS try to ensure that your contact information and preferences are accurate, complete, and up to date. You have the right to request access to and rectification or erasure of Personal Information or restriction of processing concerning your Personal Information or to object to processing as well as the right to data portability. WHMCMS will comply with erasure requests as long as WHMCMS is not required to retain the Personal Information by law and does not need to retain it for its legitimate business purposes. WHMCMS may decline to process requests that are frivolous/vexatious, jeopardise the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by emailing privacy@whmcms.com.

 

Your Rights

As a Data Subject you have a number of rights in relation to your Personal Information. These include your rights:

To ask WHMCMS to confirm what (if any) Personal Information WHMCMS hold relating to you and how that data is processed and used by WHMCMS (often referred to as a 'Subject Access Request');

To have WHMCMS rectify Personal Information which WHMCMS hold about you that is inaccurate;

To have WHMCMS erase Personal Information which relates to you if it is no longer necessary for WHMCMS to continue to process it, or if WHMCMS have no lawful basis to store, process or retain it (though WHMCMS do have rights to refuse these requests in certain situations);

To object to WHMCMS processing your Personal Information;

To be informed about the existence of any automated decision making and profiling of your Personal Information, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you;

To have WHMCMS provide you with a copy of your Personal Information for transfer to an alternative provider of similar services.

Should you ever wish to exercise one or more of these rights you should contact WHMCMS at privacy@whmcms.com.

 

Third party websites

WHMCMS' Website may, from time to time, contain links to and from the websites of WHMCMS' partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that WHMCMS do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Information to these websites.

 

What if you have questions, comments or complaints about this Privacy Policy?

Please feel free to direct any questions, comments or complaints regarding this Privacy Policy using the contact information listed in the Notices section of the WHMCMS Terms of Use. It is WHMCMS' policy to investigate and attempt to resolve all formal written complaints WHMCMS receive concerning this Privacy Policy. WHMCMS will cooperate with appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between WHMCMS and an individual.

With effect from 25 May 2018, the General Data Protection Regulation (GDPR) enters force. Your rights under that new regulation are explained at https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/. Details of how you can exercise those rights are set out in 'Your Rights'. WHMCMS have largely factored GDPR into this Privacy Policy but if you think WHMCMS has failed to do so in any way, please notify WHMCMS at privacy@whmcms.com.

 

Last Updated: 24th May 2018