LGPD Compliance

INMOTION HOSTING, INC.
PRIVACY STATEMENT – BRAZIL

This Privacy Notice for users located in Brazil supplements the information contained in the InMotion Hosting Privacy Policy located here (https://www.inmotionhosting.com/privacy/) and applies solely to visitors, users and others who reside in Brazil (“consumers” or “you”). We adopt this notice to comply with the Brazilian Data Protection Law Lei Geral de Proteção de Dados Pessoais (Law No. 13,709/2018) (“LGPD”). Any terms defined in the LGPD have the same meaning when used in this notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, Company’s website (inmotionhosting.com) has collected the following categories of personal information from its consumers within the last twelve (12) months:

CategoryExamplesCollected
A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.YES
B. Personal information categoriesA name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number,
credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
YES
C. Protected
classification
characteristics federal law.
Age (40 years or older), race, color, ancestry, national origin,
citizenship, religion or creed, marital status, medical condition,
physical or mental disability, sex (including gender, gender identity,
gender expression, pregnancy or childbirth and related medical
conditions), sexual orientation, veteran or military status, genetic
information (including familial genetic information).
NO
D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES
E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.NO
F. Internet or other similar network activity.Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.YES
G. Geolocation data.Physical location or movements.NO
H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES
I. Professional or employment-related information.Current or past job history or performance evaluations.NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34
C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.NO
K. Inferences drawn from other personal information.Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.NO

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.

Company obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of InMotion Hosting’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by InMotion Hosting about our Website users is among the assets transferred.
  • Company will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

Company may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

  • Service providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under federal law.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category H: Sensory data.
Category I: Professional or employment-related information.
Category J: Non-public education information.
Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.

Sales of Personal Information

In the preceding twelve (12) months, Company has not sold personal information in the following categories of personal information:

A. Identifiers.
B. California Customer Records personal information categories.
C. Protected classification characteristics under federal law.
D. Commercial information.
E. Biometric information.
F. Internet or other similar network activity.
G. Geolocation data.
H. Sensory data.
I. Professional or employment-related information. J. Non-public education information.
K. Inferences drawn from other personal information.

LGPD

On September 18, 2020, the Lei Geral de Proteção de Dados Pessoais (LGPD) came into effect for Brazilian residents. In addition to the rights outlined in our Privacy Policy, as a user located in Brazil, you may be able to exercise the following rights with respect to your personal information that we have collected, subject to certain limitations:

  • The right to confirmation of the existence of the processing. You have the right to ask that we confirm whether we process your personal data.
  • The right to access the data. You have the right to access the personal data we hold about you and certain information about how we use it and who we share it with, including information about any public and private entities we have shared your personal data with.
  • The right to correct incomplete, inaccurate or out-of-date data. If you want to correct or revise any of the data we retain on you, you may do so by accessing your account and the information contained within it.
  • The right to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD. Please note that, depending on the request, this may result in a suspension or discontinuation of certain services and may be governed by legal and/or contractual retention guidelines.
  • The right to the portability of data to another service or product provider, by means of an express request. We provide you with the ability to move any of your account data to a third party, at any time.
  • The right to delete personal data processed with the consent of the data subject. You have a right to request the permanent deletion of your data, subject to certain exceptions. However, please note that exercising this right may result in a suspension or discontinuation of services and may also be governed by legal and/or contractual retention guidelines.
  • The right to information about the possibility of not giving consent and about the consequences of the refusal. You have the right to ask us to provide information about the possibility of not giving consent for the processing of your personal data and the consequences of such refusal.
  • dThe right to revoke consent.

Please note that not all of these rights listed above are absolute, and limitations/exceptions apply in some cases. For example, we may not be able to fully comply with a request if we are bound by certain legal restrictions or contractual requirements, but in those circumstances, we will still respond to notify of such a decision.

Exercising Data Portability, and Deletion Rights

To exercise the data portability and deletion rights described above, please submit a verifiable consumer request to us by using your Account Management Panel (AMP) if you are a current account holder or via email to [email protected] if you are not a current customer.

We will need to verify your identity before processing your request. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or a legal representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 15 days of its receipt but no more than 30 days. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request.

If you have provided data to InMotion Hosting regarding a client of yours, which is subject to the LGPD, you are responsible for obtaining the proper consent from such client prior to sharing their personal information with us.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time

Contact Information

If you have any questions or comments about this notice, the ways in which Company collects and uses your information described below and in the Privacy Policy privacy.inmostionhosting.com, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 888-321-4678 or +1.757.416.6575
Website: inmotionhosting.com
Email: [email protected]
Postal Address: 555 S. Independence Blvd, Virginia Beach, VA 23452