Last Updated: October 2019
Table of Contents
What Information We Collect
(a) Information You Provide to Us
In connection with the products and Services we provide, we may ask you to provide us with (i) your first and last name, email address, company, title, home or business address, other shipping or billing addresses, telephone number, mobile number, your purchase/order history, or other information that could reasonably be used to identify you personally or identify your household (hereinafter, “Personal Information”); and/or (ii) demographic information, such as your country, state, or county of residence or business operation (“Demographic Information”). We may collect this information when you:
- Register and/or order products or Services on our Site;
- Login to obtain access to products or Services ordered from Zenlayer;
- Contact us regarding a question, concern, or inquiry, such as when you make inquiries concerning our Site, products and/or Services;
- Sign up or request to be placed on our mailing and/or email marketing lists; and/or
- Otherwise interact with the Site or our staff.
Your decision to provide us with information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all of the Site’s features or our Services, including ordering products, submitting inquiries, or signing up for newsletters or marketing lists.
(b) General Browsing
In addition to information that you choose to submit to us, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Site (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site. Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”);
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the areas within our Site that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day you visit our Site.
We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, without limitation, the following (and subsequent technology and methods later developed):
- Cookies. A cookie is a file placed on a Device to uniquely identify your browser or to store information on your Device. Our Site may use HTTP cookies, HTML5 cookies, Flash cookies and other types of cookie technology to store information on local storage.
- Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site’s pages and messages.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.
- ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.
- Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (g., that a user of multiple devices is the same user).
We may use Tracking Technologies for a variety of purposes, including:
- To allow you to use and access the Site, including for the prevention of fraudulent activity and improved security functionality or to allow you to make use of shopping cart or payment functionality;
- To assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site;
- To offer you enhanced functionality when accessing the Site, including identifying you when you sign into our Site or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and
- To deliver content relevant to your interests on our Site and third‑party sites based on how you interact with our advertisements and/or content.
(d) Information We Collect When You Interact with Third-Party Sites
Why We Collect Information
We may use your Personal Information, Demographic Information, or Usage Information for various purposes, including:
- Registering and maintaining your account;
- Processing your order(s) and providing you with customer service, including responding to your inquiries regarding our products and Services and/or communicating with you regarding orders, purchases, and payments;
- Complying with legal obligations, including, for example, collecting address information for identity verification for credit card billing;
- Sending you marketing information about Zenlayer and our affiliated entities;
- Sending you email communications such as electronic newsletters about our products, Services, events, and promotions;
- Improving the effectiveness of our Site, marketing endeavors, and product and service offerings;
- Identifying your product and service preferences, providing personalized content and ads and informing you of new or additional information, products and services that may be of interest to you;
- Assisting us in communicating about Zenlayer to a friend using the referral “tell a friend” function;
- Allowing you to participate in interactive discussions and public forums;
- Helping us address problems with and improve our Site and our products and services;
- Providing mobile marketing messages and other communications and messages;
- Protecting the security and integrity of the Site;
- For internal business purposes; and
When We Disclose Information
Location of Personal Information
Where Zenlayer Acts as a Data Processor for EU/EEA and/or Switzerland Customers
When providing infrastructure as a service (IaaS), Zenlayer may process personal data controlled by its customers or customers of Zenlayer entities located in the European Union/European Economic Area (“EU/EEA”). Zenlayer does not determine or have knowledge of the types of data stored by customers and/or how that data is accessed, exchanged, processed or the classification of that data. Zenlayer customers are the data controllers of such personal data and are responsible for compliance with applicable data protection principles. Zenlayer processes data as a data processor at the direction of its customers in accordance with the terms of the MSA.
The provision of IaaS may, at the direction of the customer, include the transfer by the customer of its personal data outside of the EEA to jurisdictions which may not provide the same level of legal protection as in the EEA. The customer is responsible for ensuring that it has all necessary consents and agreements in place with data subjects for international transfers of personal data that it directs as part of its receipt of IaaS.
The terms “process,” “data controller,” “data processor,” and “data subject” have the meanings given to them in the EU General Data Protection Regulation (“GDPR”).
On occasion, employees of Zenlayer Inc. that are located in the U.S. may have temporary access to Customer Content Data in connection with providing maintenance or support services to you. This access will only be accomplished by way of your explicit permission and instructions (as the Controller of the Customer Content Data) and only for so long as the employee is providing services to you. As a Processor, Zenlayer will not access the Customer Content Data for any purpose beyond providing you with support as described above and will not disclose it to any person or entity for their own purposes except by explicit consent.
For Zenlayer Services Users
You are solely responsible for any processing or international transfer of Personal and Demographic Information in the Customer Content Data, including in any Third Party Services, and you agree to comply with all applicable rules, laws, and regulations in any and all applicable regions or countries related to the transfer of such Personal and Demographic Information. To the extent, this Personal and Demographic Information is subject to rules, laws, regulations, or the like, including GDPR, Zenlayer will be considered a “data processor” and will, as such, act on your instructions as the data controller, and implement security measures in accordance with the MSA.
Your Choices About the Information We Collect
At any time, you can request access to your personal information, request that any inaccuracies be corrected, and request that comments or explanations be added to records about you.
You can also ask about:
- whether and why we have your personal information;
- how we got your personal information;
- what we have done with your personal information;
- to whom we have communicated your personal information;
- where your personal information has been stored, processed or transferred;
- how long we will retain your personal information, or how that retention period will be determined; and
- the safeguards in place to protect your information when it is transferred to third parties or third countries.
Finally, you can ask us not to collect or use your personal information for certain purposes, you can ask us to delete your personal information, or you can ask us to provide your personal information to a third party. To do so, please log in to your account to contact us through your Customer Portal. You may also email us at email@example.com or contact us at the postal address below. We will respond to your request within a reasonable time or advise you why our processing may be delayed.
Zenlayer reserves the right to take reasonable steps to verify customer identity prior to granting access or processing changes or corrections.
We may refer any of these requests to our customer if your personal information was collected on behalf of that client and we operate as a processor for that controller customer.
Depending on which laws apply to your personal information, we or our customer may only be able to do some of these things for you. If you request one of these things and we refuse to do it, we will explain your legal rights, the reason for our refusal, and any recourse you may have.
Contact us at the address or email below. We will respond to your request within a reasonable time or advise you why our process may be delayed. Zenlayer reserves the right to take reasonable steps to verify customer identity prior to granting access or processing changes or corrections.
If you do not wish to receive e-mails about special offers, events, and other promotions from us, email us at firstname.lastname@example.org to opt out, or if you do not wish to receive other marketing materials by regular mail from us, please write us at:
21680 Gateway Center Drive
Diamond Bar, CA 91765
Your California Privacy Rights
Zenlayer collects various types of personal information about you during your relationship with Zenlayer as a customer. Under California law, if you are a resident of California, you may make a written request to Zenlayer about how we have shared your information with third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2021 will receive information about 2020 sharing activities). To make such a request, please provide enough information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response.
To make such a request (limit one request per year), please send an email to: email@example.com with “California Privacy Rights” as the subject line or mail us a letter to: Zenlayer, Inc., 21680 Gateway Center Drive, Suite 350, Diamond Bar, CA 91765, Attn: California Privacy Rights. You must include your full name, email address, and postal address in your request.
21680 Gateway Center Drive
Diamond Bar, CA 91765
Attn: Privacy Rights Administrator
California / Delaware Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
For Visitors Within the European Economic Area
If you are in the EEA, you should contact us at the contact information below. If you are not satisfied with our resolution of your complaint, you may contact the privacy regulator in your country. Most privacy regulators can be contacted online using the resources provided at https://icdppc.org/participation-in-the-conference/members-online/.
Attn: Legal Department/Data Protection Officer
Address: 21680 Gateway Center Drive, Suite 350, Diamond Bar, CA 91765
If at any time you decide that you no longer desire that we hold, use, correct or supplement any of your Personally Identifiable Information (“PII”), receive information regarding any PII processed in relation to you or you wish to change the manner in which your PII may be used, please let us know by contacting us as set forth above.
Visitors to the Site Outside of the United States
Updating Personal Information
We prefer to keep your Personal Information accurate and up to date. If you would like to change your contact information, please contact us at firstname.lastname@example.org.
If so, we will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons, such as a legitimate business reason.
For your convenience, the Site may contain links to other websites. Zenlayer is not responsible for the privacy practices, advertising, products, services, or the content of such other websites. None of the links on the Site should be deemed to imply that Zenlayer endorses or has any affiliation with the links.
Zenlayer is concerned with the security of the data we have collected and utilizes reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, Zenlayer uses standard security protocols and mechanisms to facilitate the exchange and the transmission of sensitive data, such as credit card details. Zenlayer does not process Personal Information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual.
In the event that Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Zenlayer will notify the affected individual of the breach by email or ticket on the Customer Portal or, if Zenlayer is unable to contact the individual by email or ticket on the Customer Portal, then by regular mail.Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for Zenlayer or law enforcement to determine the scope of the breach and to ensure or restore the integrity of the data system. Zenlayer may delay notification if Zenlayer or a law enforcement agency determines that the notification will impede a criminal investigation, and in such case, notification will not be provided unless and until Zenlayer or the agency determines that notification will not compromise the investigation. Zenlayer will cooperate with you in the investigation and/or remediation of any security breach.
Please note that while we incorporate commercially reasonable safeguards to help protect and secure your Personal Information, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed 100% secure. As a result, Zenlayer cannot guarantee or warrant the security of any information you transmit to or from our Site, and you provide us with your information at your own risk. If you must transmit confidential information to us for any reason, please contact us for instructions for a secure file transfer protocol.