- What type of information we do collect?
- How do we collect the information?
- Why do we collect information?
- Where do we store the information?
- How do we transfer the information?
CloudHosting.ng takes the collection, processing and further storing of information very seriously for our customers to have peace of mind when trusting our services with their personal details. The collection and usage of personal information by CloudHosting.ng is intended only for us to provide our customers with the best-in-class Web Hosting Service.
CloudHosting.ng may collect personal information about customers of our Services relying on few important sources including but not limited to:
- Information provided via our Client Dashboard for every User Account.
- Information provided via our order forms upon signing up for services with CloudHosting.ng.
- Information provided with the usage of our Website and Chat services.
- Information provided with the usage of our Ticketing System and other technical support communication channels.
- Information provided by any third-party websites, services, and partners of CloudHosting.ng.
The personal information that we collect from our clients is:
- Billing Address
- Telephone number
- Date of birth
- Email address
- Other data collected that could directly or indirectly identify you.
If our customers have any questions in regards to how their data is being kept, they can submit their inquiries directly to our Data Protection Offices or our data protection support team at firstname.lastname@example.org.
Collection of Information
We collect information related to your usage of our services. This is not linked to any personally identifiable information. This information is automatically collected when you utilize your service/s with us and it may contain metadata, log files, IP address and date and time.
We collect information from cookies, web beacons, pixels, tags, and other similar tracking technologies used on our website. We send a cookie (small piece of data) which is stored in the currently used web browser on your device. They allow us to track your browsing behavior and easily create a profile to offer you tailored advertising based on your preferences.
We do not knowingly collect information from individuals under the age of 18. If you are aware anyone under the age of 18 provided us with personal information, please contact us at email@example.com and we will immediately take the necessary steps for removing the data.
The collection of information can be divided into the following few types.
- Information provided by the customer is the type of personal information that is willingly provided to CloudHosting.ng. Such information is required when the customer uses our website and any of the services that we offer. On our website you will be specifically asked for personal information in one of the following cases:
- When chatting with our Sales Agents via our Live Chat service – Upon initiating a Live Chat conversation with our Sales agents a visitor will be asked to provide us with information such as their name, email address, phone number, and any message that the customer would like us to receive. The type of personal information we collect from our customers may vary depending on the inquiry they have. If for some reason our agents require from our customers any additional personal information they will clearly state the reason why they request such and only if the client is agreed, they can send the required information.
- When purchasing a service with us – When a client purchases a service with CloudHosting.ng a standard registration form will ask the customer to fill their personal information so we can be able to create the customer’s account in our system. The typically required personal information on our sign up form is as follows: name, company name, address, email address, and telephone number. Additionally when a domain name is being registered the customer will be asked to provide us with additional mandatory information for domain’s contacts such as administrative contact, technical contact and billing contact. This information will be passed to our accredited registrar.
- When you submit a contact form on our website – When a client decides to contact us using the contact form available on the “Contact Us” page of our website, the client will be asked to supply the following personal information: name, email address, and message. The information in question will be transmitted over email and will be used and stored internally for our company needs. Personal information submitted over our Contact Us form is not disclosed to any third parties.
- Payment Information – Upon purchasing a service with CloudHosting.ng the customer will be asked to willingly provide payment information to our website. CloudHosting.ng does not keep the full information on file. Instead, when the payment information is submitted it is encrypted and directly sent to the third-party Payment Processor. Please note that in case of need CloudHosting.ng can extract payment information from our payment processor.
- Information collected when the customer uses our services is that type of information that our system automatically collect and store for company internal usage.
- Web Server Logging – The information is collected in log files related to the accessed pages and activities on our website, Client Dashboard and other related products and services that we offer. The collected information may include IP addresses, web browser type, internet service provider, referring/exit pages, device operating system, date/time stamp of the executed action, clickstream data, landing page, and referring URL.
The personal information in question is being collected for us to better understand our customers, their needs and of course to be able to offer a better user experience on our systems. Another type of collected information is demographic information. This type of personal information is used to make the customers browsing and purchasing experience more enjoyable. The demographical personal information is not liked to any information that can identify the visitor as a person or entity except as necessary to prevent fraud orders or abuse of our systems.
Additional data that we may collect is related to customer’s interaction with our website and further information about the used features of our services.
- Usage of CloudHosting.ng service – The following information will be collected when the customer is utilizing our services: processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. The collected information is used only for internal purposes and it is not disclosed with any third parties. The purpose of collecting these types of information is to maintain and improve the performance and utilization of the offered services, introduce new features and protect the security and safety of our services and our customers. Lastly, this information is collected purely with business development purposes. Meaning that our Management uses the information to develop or improve our services and to introduce improved procedures for handling our customers.
- Client Testimonials – Our customers may be asked or they may willingly provide verbal or text endorsement of our services based on their personal experience and website results from our services. Since the provided feedback will be 100% genuine and customer provided CloudHosting.ng reserves the right to use any testimonials with advertisement purposes to promote our Services in-person, in print, online, and all other media. CloudHosting.ng may edit the received testimonial so it can be grammatically correct, however, we cannot change the overall rating and customer opinion presented in the submitted testimonial.
By purchasing and using our services the customer agrees that CloudHosting.ng may use the following personal information when publically presenting the testimonial: first name, last initial, home state, voice or likeness, and/or contact information. If a customer would like us to remove such disclosed information they can contact us anytime at firstname.lastname@example.org with concrete request and we will do our best to remove the publication in the shortest term possible.
- Social Media – Our website utilizes social media “Like” buttons. Upon clicking on such a button the customer agrees that a third-party service may collect personal information such as IP address and the page that the customer is currently situated at. Furthermore, the third-party social service may or may not set a cookie for their feature to work properly. Social Media features and custom code may be hosted by a third-party or our website. The customer’s interactions and share of personal information with such services is a subject of the company policies for the entity providing the service.
- Web Server Logging – The information is collected in log files related to the accessed pages and activities on our website, Client Dashboard and other related products and services that we offer. The collected information may include IP addresses, web browser type, internet service provider, referring/exit pages, device operating system, date/time stamp of the executed action, clickstream data, landing page, and referring URL.
- Information we receive from third-parties – This type of information we may or may not receive by third-party services or entities where the customer has active or inactive services.
- Third-Party Partners of CloudHosting.ng – At some point CloudHosting.ng may receive information about our customers from our third-party partners. In such cases, the information will be combined with all other information we collect and will be used for improving the customer’s browsing experience on our website and overall satisfaction from our services.
- Information collected by our customers – Our customers may collect personal information by their visitors or their clients. In such cases, the information is not controlled nor stored by CloudHosting.ng so we will not disclose that personal information except if authorized by our customers. If for some reason a visitor of our client’s websites has any concerns about their personal information and the way it is handled, they should contact the owner of the website or ask us to do so. CloudHosting.ng will act in good faith and will pass the message without disclosing any personal information about the visitor or the owner of the website.
How CloudHosting.ng uses the collected personal information?
CloudHosting.ng uses the collected personal information mainly to conduct business, provide technical support and chat services for the products we offer, a better understanding of the client’s needs and interests, and improving services. The following examples illustrate the purposes of the collected personal information from our clients:
- Provision and operation of our Services.
- Product maintenance, analysis, and improvement for the effectiveness of our Website and Services.
- Advertising and Marketing.
- Analysis and understanding of how our customers interact with our service for us to provide better tailored for our customers’ needs experience.
- Development of new services, functionalities, and features.
- Provide for our customers’ information about any ongoing promotions, discounts, important company updates, and other useful information.
- Personalizing content and advertisement for our customers.
- Processing of payment transactions.
- Fraud detection and prevention of service abuse.
- Compliance purposes including legal rights.
How CloudHosting.ng share the collected personal information?
The personal information that we collect is only shared with third-party services as they request or need it on our behalf. The company/entities that we share information with are restricted by data processing terms and conditions so they cannot utilize, share or retain your personal data for any other purpose than the specifically contracted with CloudHosting.ng or without your consent.
- Vendors and Service Providers – CloudHosting.ng may share your personal information with third-party vendors and service providers selling or providing services on our behalf. Such services include but are not limited to: helping to provide CloudHosting.ng services, promotional and marketing purposes, providing our customers with information relevant to their interest such as product announcements, software updates, special offers and any other information they find useful.
- Targeted Advertising – CloudHosting.ng works with third-party advertising companies to provide our customers with ads based on the customer’s activities on our website and any products they have purchased with CloudHosting.ng. The advertising partners may or may not set their cookies, pixel tags, and similar technologies on our products or services. Furthermore, they may collect or have access to personal information related to such activities to provide our customers with ads based on their browsing activities and interests
CloudHosting.ng may utilize some third-party mailing services to provide web-based and email-based ads for CloudHosting.ng services after a customer has visited and then left the CloudHosting.ng website. CloudHosting.ng and our partners fully comply with “opt-out” browser signals provided by the customer’s web browser or by a user manually opting-out from web-based ads or by a user using the “unsubscribe” link contained in the advertisement email.
- Analytics – CloudHosting.ng used web analytics services provided by Google and other partners. The purpose of these services is that we would like to improve the usability and the design of our customer’s experience. The Analytics services place persistent cookies in the visitor’s browser to identify the customer as a unique user next time the customer visits our website. Each of the set cookies cannot be used by anyone else besides the service provider that set the cookie initially. Google provides very useful articles in regards to its Analytics cookies and some additional privacy options. You can review the information at the following link http://www.google.com/policies/privacy/partners/ .
- Business Transfers – Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
- As Required By Law and Similar Disclosures – CloudHosting.ng may share collected personal information due to:
- Any applicable law, regulation, legal process or government request.
- Investigation of potential violations of this agreement.
- Fraud, security or technical issues.
- Response to the owner of the information.
This also includes the exchanging of information with other companies and services with fraud protection purposes.
- With our customer’s consent – Collected personal information may be disclosed also with the consent of the customer the personal information belongs to.
Legal reasons for the collection and processing of personal information
The legal reasons for collecting the described in this document personal information depends on two factors:
- The concerned personal information.
- The context in which the information is being collected.
Normally we will collect personal information from you only in the following cases:
- When we need the information for signing a contract with the customer.
- When we have customer’s consent to collect their personal information.
- When the collection and further processing of personal information does not violate customer’s rights.
CloudHosting.ng needs the collection and processing of personal information to respond adequately to customers’ queries, improving our platforms and services, performing marketing or for the purpose to detect and prevent any illegal activities.
In rare cases, CloudHosting.ng may have a legal obligation to collect personal information from our customers needed to protect the customer’s interest or the interest of another person or entity.
In case the customer is asked specifically to provide personal information it will comply with legal requirements or for performing different contracts with the customer. In such cases we will inform the customer before any information is being collected or processed. Furthermore, we will also inform our customers if the provision of their personal information is a mandatory condition or not.
Third-party websites or services
Through our website https://cloudhosting.ng our customer may or may not access third-party services by clicking on the different links that we provide. CloudHosting.ng holds no responsibility for the privacy policies of the third-party websites we are linking to and we strongly suggest that the customer should review the privacy and cookie policies of any third-party website that is accessed through our website.
Security of Personal Information
CloudHosting.ng strives to take all the appropriate technical, physical and organizational measures to protect your personal information against theft, loss and unauthorized use. All data collected is transmitted in an SSL encrypted form, all data stored is protected by encryption.
The used measures for the security of our customers’ personal information are physical, electronic and managerial procedures. Those are designed to provide a level of security proportional to the risk of processing customers’ personal information.
CloudHosting.ng implemented login expiration and session management systems to prevent unauthorized access to your account. We strongly advise our customers to set up Two-factor authentication as an additional protection measurement.
Although we do our best to protect your personal information – no data transmission over the Internet can be a 100% secure guarantee.
Retention of Personal Information
CloudHosting.ng retains collected personal information from the customer only when we have the legitimate need to do so. For example – for providing services to our clients or to comply with applicable legal, tax or accounting requirements. These requirements might include retention periods:
- mandated by law, contract or similar obligations applicable to our business operations;
- for preserving, resolving, defending or enforcing our legal/contractual rights; or
- needed to maintain adequate and accurate business and financial records.
We will retain your personal information for as long as you are our customer. Your account information will be kept for a period of 30 days counted from the moment you no longer have any active services with us.
If a customer would like us to delete the personal information they can submit such requests via the Client Dashboard -> Personal details -> Privacy. When we receive such a request, we will act in the best interest of our customer and we will remove the collected personal information except in the cases when the information is required to comply with applicable legal, tax or accounting requirements.
Access to the collected personal information
CloudHosting.ng allows for access to the collected personal information but only for the person or entity, the information belongs to. Our customers can review, update or change subscription preferences via the Client Dashboard -> My Account -> My Details section.
If the customer submits a request for the deletion of their personal information, and the information is required for the products or services they have purchased with CloudHosting.ng, the deletion request will be honored but only if the same is no longer needed for any Services purchased or required for our legitimate business purpose. If the customer terminates service with CloudHosting.ng, any public activity on the terminated account before the account deletion will remain stored on our servers and it may be accessible to the public.
To protect the customer’s privacy and security, upon receiving a request for updating or removing personal information, CloudHosting.ng may take additional reasonable steps to verify the customer’s identity.
The provided personal information by the customer may be archived or stored periodically depending on the backup procedures we have with disaster recovery purposes. The customer’s ability to access and edit their personal information may be temporarily limited in case the customer prevent the CloudHosting.ng ability to:
- Comply with laws and legal obligations.
- Investigate make or defend legal claims.
Additionally, the customer’s ability to access and edit information may also be limited as a result of disclosure of personal information about a third-party or as a result in a breach of contract or disclosure of trade secrets or other proprietary business information belonging to CloudHosting.ng or a third party.
Data protection rights under the General Data Protection Regulation (GDPR)
The General Data Protection Regulation is valid for residents of the EEA (European Economic Area) and under these regulations, these customers may take advantage of the following rights:
- Right of access – Every customer resident of the EEA has the right to receive access to their personal data. To access the information, all customers of CloudHosting.ng can access the “My Details” section of the Client Dashboard where all provided personal information can be received. Additionally, every customer resident or the EEA can request a copy of the provided personal information by submitting the appropriate request on our email email@example.com. Furthermore, the customers, residents of the EEA can object or refuse the processing of their personal information by submitting a request on our firstname.lastname@example.org email address.
- Right to prevent processing for direct marketing – Customers, residents to the EEA can withdraw their consent for their personal information to be used for marketing purposes by CloudHosting.ng or any third-parties by submitting such request on our email@example.com email address. Also, customers can execute this right by using the “Unsubscribe” or “opt-out” links in the marketing correspondence sent by CloudHosting.ng.
- Right to withdraw the consent of personal information being processed – Customers, residents of the EEA can withdraw their consent at any time for information that is already collected and processed. Doing so will not affect the lawful aspect of the processing of personal information we have conducted before customers withdraw.
- Right to withdraw consent for these Privacy and Security policies – Customers, residents of the EEA have the right to withdraw their consent for our Privacy and Security policies by submitting a withdraw request on our firstname.lastname@example.org email address. If such request is submitted we will honor it, however, we will be unable to continue providing any sort of service to our customers meaning that either the customer will have to discontinue their services with us first or we will be forced to perform our right of service cancellation once we receive such request. CloudHosting.ng is not responsible for any data loss due to submitted requests before having a full backup of the data hosted on the services subject to cancellation.
- Right to complain to data protection authority – Customers, residents to the EEA have the right to submit complains to Data Protection Authorities related to the collection and use of personal information by CloudHosting.ng. For further information and requirements on the complaints please contact any local Data Protection Authority.
- Right to be forgotten – Customers, residents to the EEA have the right to submit a request that will terminate all personal information that CloudHosting.ng has collected and processed previously. Such requests should be submitted to our email@example.com email address. If we receive such a request we will honor it, however, the following consequences can be expected:
- Client Dashboard account and personal details will be permanently deleted.
- Any Hosting Services under the same client area will be canceled and terminated.
- Any data hosted on web hosting accounts that should be terminated as a result of the Right to be Forgotten will be deleted – emails, databases, files, folders and any other types of data.
- Invoices, Billing information, and other billing-related data will be deleted and no longer accessible.
- Payment and credit card information will be permanently deleted.
- Support tickets, sales chats, and other communication-related information will be deleted.
- What information is collected?
- How the collected information is being used?
- Under what circumstances, if such, we will disclose the collected information?
International Data Transmission
For the purpose of our internal operations and providing the Service, our Clients’ Personal Information (Client Personal Data) may be transferred around the globe where CloudHosting.ng or the third parties with whom customer information has been disclosed:
- Uses data centers.
- Has employees or contractors.
- Maintain data processing operations.
The Personal Information (Client Personal Data) transfer from one location to another may occur upon the provisioning of the Service or at any given point in time should such transfer be necessary or required by official authorities.
Data Transmission Out of the EU, EEA, and the UK
When our Clients’ Personal Information (Client Personal Data) is being transferred outside the EU or EEA, CloudHosting.ng will use the most suitable transfer mechanisms to ensure compliance with the applicable legislation. Personal Information (Client Personal Data) will be transferred only to:
- Recipient located in a country in which the European Commission is guaranteeing a sufficient level of data protection.
- Recipient that has implemented the Standard Contractual Clauses (SCCs) approved by the European Commission.
CloudHosting.ng processes and transmits Clients’ Personal Information (Client Personal Data) between (but not limited to) Data Centers located in and out of the EU, EAA, and the UK. Our Clients can find more information on the utilized Data Centers on the Data Centers page of our website. The locations of our Data Centers may vary depending on the availability of infrastructure but will always be disclosed on the Data Centers page of our website.
The Data Center in which the Client’s web hosting account is being stored is chosen by the Client when the purchase of the web hosting plan takes place.
The Client agrees that CloudHosting.ng may change the location of the Data Center to different than the one initially selected by the client at its sole discretion. CloudHosting.ng may notify the Client about the change in the Data Center at least five (5) business days before migrating the Client’s web hosting account to the new Data Center. The notification may be delivered either by email, ticket, phone call, or any other communication means. The Client has the right to object if the change of the Data Center changes the jurisdiction, which legislates the data stored on the web hosting account of the client. To object means that the Client will be terminating all the agreements with CloudHosting.ng and shall provide written notice of termination at least five (5) days after the company has sent the initial notification.
Data Processing Locations
The Client agrees that CloudHosting.ng may access, store, and process Personal Information (Client Personal Data) in locations like the European Union, EEA, United Kingdom, Asia, Australia, United States, and any other countries where HostAramda INC, its Partners and its Sub-Processors have Data Centers or maintain data processing operations.
In case the storing and processing of Personal Information (Client Personal Data) related to EU-based clients requires that information be transferred outside the EAA and EU GDPR applies, then this agreement, including the Standard Contractual Clauses (listed further in this document), will automatically apply as a contractual safeguard of the international data transfer.
In case the storing and processing of Personal Information (Client Personal Data) related to EU-based clients requires that information be transferred outside the UK, and UK GDPR applies, then this agreement, including the International Data Transfer Agreement (listed further in this document), will automatically apply as a contractual safeguard of the international data transfer.
Data Transfer Mechanism
In case CloudHosting.ng processes or transfers Customer Data under this Data Processing Agreement from the European Union, the European Economic Area, or the UK to countries that do not guarantee an adequate level of data protection as defined by the relevant Data Protection Regulations of these regions, the Parties hereby agree that:
- The Client authorizes transfers or access to their Personal Information (Client Personal Data) from and to locations outside EU, EEA, and UK.
CloudHosting.ng is responsible for providing technical and organizational data protection and cybersecurity risk mitigation measures when transferring Personal Information (Client Personal Data) outside of the EU, EAA, and UK.
- CloudHosting.ng is responsible for establishing protective measures for Client’s Personal Information (Client Personal Data) through the provision of Standard Contractual Clauses (listed further in this document) and the International Data Transfer Agreement (listed further in this document) as a means of transferring such data.
- The Standard Contractual Clauses (listed further in this document) will apply to transfers of Client’s Personal Information (Client Personal Data) when the Data Subject is in the EU or EAA.
- The International Data Transfer Agreement (listed further in this document) will apply to transfers of Client’s Personal Information (Client Personal Data) when the Data Subject is in the UK.
Contacts and Requests
All customers can submit questions, requests, and demands on our firstname.lastname@example.org email address. All requests submitted to that email account will be responded to within 30 days of their receiving.
The data controller of our customers’ personal information is CloudHosting.ng.
Standard contractual clauses for international data transfers
Purpose and scope
(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)for the transfer of personal data to a third country.
(b) The Parties:
- the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter “entity/ies”) transferring the personal data, as listed in Annex I.A. (hereinafter each “data exporter”), and
- the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A. (hereinafter each “data importer”)
have agreed to these standard contractual clauses (hereinafter: “Clauses”).
(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.
Effect and invariability of the Clauses
(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.
(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:
- Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
- Clause 8 – Module One: Clause 8.5 (e) and Clause 8.9(b); Module Two: Clause 8.1(b), 8.9(a), (c), (d) and (e); Module Three: Clause 8.1(a), (c) and (d) and Clause 8.9(a), (c), (d), (e), (f) and (g); Module Four: Clause 8.1 (b) and Clause 8.3(b);
- Clause 9 – Module Two: Clause 9(a), (c), (d) and (e); Module Three: Clause 9(a), (c), (d) and (e);
- Clause 12 – Module One: Clause 12(a) and (d); Modules Two and Three: Clause 12(a), (d) and (f);
- Clause 13;
- Clause 15.1(c), (d) and (e);
- Clause 16(e);
- Clause 18 – Modules One, Two and Three: Clause 18(a) and (b); Module Four: Clause 18.
(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.
(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Description of the transfer(s)
The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7 – Optional
(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.
(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.
(c) The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.
SECTION II – OBLIGATIONS OF THE PARTIES
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.
(a) The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.
(b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions.
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing
(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter “personal data breach”). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
(b) The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
(c) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
(d) The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.
8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter “sensitive data”), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter “onward transfer”) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
(i) the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
(iii) the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.
Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.
8.9 Documentation and compliance
(a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.
(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.
(c) The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer.
(d) The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.
(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.
Use of sub-processors
(a) The data importer has the data exporter’s general authorisation for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least 10 days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.
(b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.
(c) The data importer shall provide, at the data exporter’s request, a copy of such a sub-processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.
(d) The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor’s obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its obligations under that contract.
(e) The data importer shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent – the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.
Data subject rights
(a) The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter.
(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.
(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.
(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.
(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.
(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:
- lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;
- refer the dispute to the competent courts within the meaning of Clause 18.
(d) The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.
(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.
(f) The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.
(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.
(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.
(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub-processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage.
(e) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.
(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its / their responsibility for the damage.
(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.
(a) The supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established, as indicated in Annex I.C, shall act as competent supervisory authority.
(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES
Local laws and practices affecting compliance with the Clauses
(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.
(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
- the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;
- the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards ;
- any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.
(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.
(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).
(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by [for Module Three: the controller or] the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.
Obligations of the data importer in case of access by public authorities
(a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:
- receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or
- becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.
(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.
(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.).
(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.
(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.
15.2 Review of legality and data minimization
(a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).
(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.
(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.
SECTION IV – FINAL PROVISIONS
Non-compliance with the Clauses and termination
(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
- the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
- the data importer is in substantial or persistent breach of these Clauses; or
- the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.
In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.
(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.
These Clauses shall be governed by the law of the EU Member State in which the data exporter is established. Where such law does not allow for third-party beneficiary rights, they shall be governed by the law of another EU Member State that does allow for third-party beneficiary rights. The Parties agree that this shall be the law of the Republic of Estonia.
Choice of forum and jurisdiction
(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
(b) The Parties agree that those shall be the courts of the Republic of Estonia.
(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.
(d) The Parties agree to submit themselves to the jurisdiction of such courts.
Name: [Client name]
Address: [Client address]
Contact person’s name, position and contact details: [Contact person for Customer]
Activities relevant to the data transferred under these Clauses: The Data importer provides the Services to the Data exporter in accordance with the Agreement.
Signature and date:
Role: Data Controller
Address: Lagos, Nigeria
Data Protection Officer, email@example.com.
Activities relevant to the data transferred under these Clauses: web hosting and other services
Signature and date:
Role: Data Processor
Categories of data subjects whose personal data is transferred
CloudHosting.ng processes and transfers Personal Information (Client Personal Data) of the following categories of Data Subjects:
- Individuals who have access to and use the provided by the company services.
- Individuals whose data is provided to CloudHosting.ng in the process of purchasing the service or as data from accessing Client’s website.
- Employees, agents, freelancers, clients, and other related parties of the Client, and any other individuals whose Personal Data is processed in connection with the provision of the Services.
- Individuals who transmit data via the Services, including individuals collaborating and communicating with the Client or their websites.
Categories of personal data transferred
We may process the following categories of Personal Data in the course of the provision of the Services:
- Personal identification information (such as name).
- Contact details (such as address, email address, phone number etc.).
- Any other type of Personal Data belonging to Data Subjects transmitted in relation to the provision of the Services, including Personal Data processed in Client’s website logs or Client’s hosted content (such as IP address etc.).
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
The client may submit Personal Information (Client Personal Data) when using the provided by the Company Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include categories of sensitive data. To ensure its protection we have adopted various restrictions and safeguards such as security measures, systems and data access controls, and others.
The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).
On a continuous basis.
Nature of the processing
Purpose(s) of the data transfer and further processing
The purpose of the data transfer and further processing of Personal Information (Client Personal Data) is the better Client experience when interacting with the different web areas part of our service.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period
Client’s Personal Information (Client Personal Data) will be retained as long as the client has active Services with CloudHosting.ng or in case the customer has all their services and contracts terminated not longer than two years after the date all services were terminated.
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing
CloudHosting.ng will process Personal Information (Client Personal Data) for the provisioning, maintenance, technical (or other) support, and termination of the Service.
The duration of the processing should match the period Personal Information (Client Personal Data) will be retained – as long as the client has active Services with CloudHosting.ng or in case the customer has all their services and contracts terminated not longer than two years after the date all services were terminated.
COMPETENT SUPERVISORY AUTHORITY
The competent supervisory authority is the Supervisory authority of Estonia.
ANNEX II – TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
CloudHosting.ng implements and maintains appropriate technical and organizational Security Measures for the Processing of Personal Information (Client Personal Data) intended to protect the Personal Information (Client Personal Data) against loss, destruction, alteration, disclosure or access, or any other form of unlawful processing. The technical and organizational security measures implemented by CloudHosting.ng are in accordance with the Standard Contractual Clauses.
For storing Personal Information (Client Personal Data), CloudHosting.ng uses Data Centers distributed all over the world with physically secured (to the extent or measures provided by the Data Center security features) storage. Every data center utilizes redundant electrical source(s), which ensures that the stored data will be accessible at all times.
ANNEX III – List Of Sub-processirs
Provided on demand.