NetHostKing GDPR Agreement — Commitment to Privacy & Protection
NetHostKing is committed to ensuring your data privacy and security with highest standards. Our GDPR compliance guarantees that your personal information is protected, processed transparently, and handled responsibly in line with data protection regulations.
GDPR - Agreement
This Data Processing Agreement (“DPA”) is an addendum to the Terms & Conditions between NetHostKing LLC (“NetHostKing”) and you (“Customer”). As of October 2nd, 2019, the DPA will be effective and replace any previously applicable data processing and security terms, and it will continue for as long as NetHostKing provides the services set out in the Terms & Conditions.
Definitions
“Data Controller” means the entity that determines the purposes and means of the processing of Personal Data.
“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including the GDPR.
“Data Subject” means the individual to whom the Personal Data relates.
“EEA” means the European Economic Area.
“GDPR” means EU General Data Protection Regulation 2016/679.
“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under GDPR.
“Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly.
Data Processing
NetHostKing LLC will only act and process Customer Data in accordance with the documented instructions from Customer (the “Instruction”), unless required by law to act without such Instruction. The Instruction at the time of entering into this DPA is that NetHostKing may only process Customer Data to deliver Services as described in its Terms & Conditions and any product-specific agreements. Subject to the terms of this DPA and with agreement of the parties, Customer may issue additional written instructions consistent with the terms of this Agreement. The customer is responsible for ensuring that all individuals who provide instructions are authorised to do so.
NetHostKing will inform the Customer of any instruction that it deems to violate GDPR and will not execute the instructions until they have been confirmed or modified.
When Customer Data is processed by NetHostKing, both parties acknowledge and agree that:
– NetHostKing is a Data Processor of Customer Data under the GDPR.
– Customer is a Data Controller of Customer Data under GDPR.
Confidentiality
NetHostKing shall treat all Customer Data as strictly confidential information. Customer Data may not be copied, transferred, or otherwise processed in conflict with the instructions from Customer unless required by law.
NetHostKing employees shall be subject to an obligation of confidentiality that ensures that the employees shall treat all Customer Data under this DPA with strict confidentiality and only process Customer Data in accordance with the Instruction.
Sub-Processing
Customer authorises NetHostKing to engage third-parties to process Customer Data (“Sub-Processors”) without obtaining any further written, specific authorisation. NetHostKing will restrict Sub-Processor access to Customer Data to what is necessary to provide the Services.
NetHostKing shall complete a written agreement with any Sub-Processors. Such an agreement shall, at a minimum, provide the same data protection obligations as those applicable under this DPA. It remains accountable for any Sub-Processor in the same way as for its own actions and omissions.
NetHostKing will inform the Customer of any new Sub-Processor engagements at least 30 days before the new Sub-Processor processes any Customer Data. Notifications of such engagements will be delivered to the account email address and/or through the control panel interface. It is the Customer’s sole responsibility to ensure account information is correct and kept up to date.
Security
NetHostKing will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as set out in Annex 2 of this Addendum and by GDPR, article 32. The security measures are subject to technical progress and development, and Customer acknowledges that NetHostKing may update or modify the security measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security. In addition, NetHostKing will make controls available to the Customer to further secure Customer Data inside the control panel.
Data Breach Notifications
If NetHostKing becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by NetHostKing, NetHostKing agrees to notify Customer without hesitation or delay. Notifications of such incidents will be sent to the account email address as set by the Customer. It is the Customer’s sole responsibility to ensure this information is correct and kept up to date inside the control panel.
NetHostKing will make reasonable efforts to identify the cause of any breach and take necessary steps to prevent such a breach from recurring.
Customer agrees that Data Breach Notifications will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
Data Subject Rights
NetHostKing will assist the Customer in fulfilling any obligation to respond to requests by data subjects, which may include providing controls via the control panel to help comply with the commitments set out under GDPR.
Data Transfers
NetHostKing stores and processes data in secure data centers located inside the European Economic Area (“EEA”). Data may be transferred and processed outside the EEA to countries where Sub-Processors maintain their data processing operations. Customer hereby agrees to the transfer, storing or processing of data outside the EEA. NetHostKing will take all steps reasonably necessary to ensure that Customer Data is treated securely and in accordance with the relevant Data Protection Laws.
Compliance and Audit Rights
NetHostKing agrees to maintain records of its security standards and, upon written request by Customer, NetHostKing shall make available all relevant information necessary to demonstrate compliance with this DPA. Customer agrees that any audit or inspection shall be carried out with reasonable prior written notice of no less than 30 days and shall not be conducted more than once in any 12 months. If NetHostKing declines the request, Customer is entitled to terminate this addendum and Services.
Return or Deletion of Data
NetHostKing only retains Customer Data for as long as required to fulfil the purposes for which it was initially collected. Termination of this Addendum or Services in line with NetHostKing Terms & Conditions will result in all Customer Data being deleted, unless otherwise required by law. For Customer Data archived on back-up systems, NetHostKing shall securely isolate and protect it from any further processing.
Limitation of Liability
The total liability of each part under this addendum shall be subject to the limitation of liability as set out in NetHostKing Terms & Conditions. For the avoidance of doubt, in no instance will NetHostKing be liable for any losses or damages suffered by Customer, where Customer is using Services in violation of its Terms & Conditions, regardless of whether it terminates or suspend an account due to such violation.
Annex 1 – Sub-Processors
2Checkout: Credit/Debit Card Payments.
Dynadot: Domain Names.
GeoTrust (Symantec): SSL/TLS Certificates.
Google Analytics: Control panel analytics. Reporting on anonymised data.