Effective Date: November 30, 2006
ServePath has created this Privacy Policy to record and explain our commitment to privacy and to educate customers and other third parties about our data-handling. This policy lists the types of potentially private data ServePath collects, explains how we use and protect that data, and discloses our key procedures surrounding privacy.
This Privacy Policy applies to the Internet hosting, collocation, windows media streaming services and on-demand infrastructure hosting services we provide through our operating units, ServePath, ColoServe, Upstream Networks, and UtilityServe (the “Service”). Therefore, references to “ServePath” in this policy should be considered references to those units. This Privacy Policy also applies to our Websites: www.servepath.com, www.coloserve.com, www.upstreamnetworks.com, and www.utilityserve.com. It doesn’t address use of data by our customers or by other third parties, even if the data is stored on one of ServePath’s computers, collected through a Website we host, or collected through a Website hyperlinked to our Website.
The privacy of ServePath's customers and affiliates is important to us. Therefore:
ServePath does not sell or rent personally identifiable information.
ServePath does not spam or cooperate with spammers, and its policies forbid use of the Service for spam.
(For details, see the AUP at ServePath’s Website.)
ServePath policy requires that all company employees sign a confidentiality agreement.
The agreement includes the following affirmation:
I recognize that the Company has received and in the future will receive from third parties their confidential or proprietary information subject to a duty on the Company's part to maintain the confidentiality of such information and to use it only for certain limited purposes. I agree to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out my work for the Company consistent with the Company's agreement with such third party.
Data ServePath Collects
A. ServePath collects and uses data from our customers, and from visitors to our Website, as follows:
- Visitor Number Tracking: ServePath tracks the number of visitors to ServePath’s website, as well as the pages they visit within the site and the hyper-links they use (if any) to leave. This doesn’t involve collection of any personally identifiable information. We use this information to analyze interest in and usage of the website and the Service.
- Data Provided Through Inquiry Forms: Website visitors interested in the Service can fill out a sales inquiry form at the site. Those forms request company name, individual name, title, address, telephone number(s), and email address(es), as well as technical and business information related to the Service. ServePath’s sales team uses this information to contact the potential customer and to discuss Service parameters. We also use the information to generate statistics regarding interest in the Service. We might share these statistics with third parties, but they don’t include any personally indentifiable information.
- Shopping Cart and Portal Cookies: ServePath’s computer system uses cookies to recognize visitors who use a shopping cart at the ServePath website. The system also uses cookies to recognize customers who use the customer portal at ServePath’s Website. The cookies facilitate easy use of the shopping carts and the portal, as well as visitor number tracking, as explained in the first bullet above. Cookies have no other purpose. We don’t use the information for sales calls.
- Customer Account Information: When customers sign up for the Service, and during their Service-relationship, we collect some or all of the following: company name, individual name, title, address, telephone number(s), email address(es), credit card number, and choice of service package. We also record and retain most written communications with customers, including trouble tickets, support requests, and payment history. ServePath uses this information for customer support. We also use contact information to send customers Service-related announcements, including newsletters and notices of new Service features and related products and services provided by ServePath partners. Customers can opt out of new product/service notices by sending an email to marketing@servepath.com, or by following the unsubscribe instructions at the bottom of any one of the email notices. (However, current customers may not opt out of necessary Service or account maintenance notices.) Finally, we generate statistical information regarding our customer-base and use it to analyze our business. We might share this statistical information with third parties, but it doesn’t include any personally indentifiable information.
B. ServePath also sometimes tracks and retains the IP addresses of visitors to our customers’ Websites. This data may include personally identifiable information belonging to our customers’ own customers or to their Website visitors. ServePath uses this data to maintain the security of the Service.
Hosted Data
A. Through the Service, ServePath provides computing and network infrastructure that hosts customer Websites, Internet communications, and other applications. As a result, our infrastructure stores and transmits information about customers’ businesses, as well as information collected by those businesses (collectively, “Hosted Data”). This Hosted Data may include personally identifiable information and other information that belongs to customers’ own customers, Website visitors, or other users.
B. ServePath is a passive recipient of Hosted Data: we take no active part in collecting it, and generally we do not access its content. However, ServePath staff may occasionally access Hosted Data through delivery of services and support to customers. For instance, staff may come into contact with Hosted Data by verifying back-up and restore processes, by verifying that applications are running properly, or through debugging efforts.
Use of Personally Identifiable Information and Hosted Data
A. ServePath doesn't share personally identifiable information or Hosted Data under any circumstances, except as provided in paragraph B below and: (i) as requested by law enforcement agencies or required by law; (ii) to maintain the security of the Service and of ServePath's own systems and data, including by assisting third party claimants in investigating security breaches; (3) to collect money owed to ServePath, including through legal proceedings; and (4) to identify, contact, or take legal action against customers or third parties violating ServePath's acceptable use policy, interfering with property rights or with the Service, or breaking the law. ServePath doesn't access or use Hosted Data except through provision of debugging and related services, as described under "Hosted Data" above, and for the reasons listed in the preceding sentence.
B. ServePath sometimes employs independent contractors to help run the Service, and such contractors may have access to data, similar to the access we give our employees. Also, ServePath stores sales account data, including customer passwords and personally identifiable information, with a third party application service provider. The current provider is SalesForce.com. This third party data storage does not apply to Hosted Data.
Data Protection
A. ServePath takes precautions to ensure that access to databases containing customer information is available only from within ServePath's internal network. Further, we typically encrypt financial information during transmission, or use secure protocols. No protocol, encryption, or other precaution can provide complete security for electronic data, but we are committed to reasonable, industry standard precautions.
B. ServePath policy requires that all its employees execute a confidentiality agreement which includes the affirmation quoted at the start of this Privacy Policy. ServePath is under contract with a professional employment organization ("PEO"), and that PEO helps enforce our policy requiring confidentiality agreements. Most contractors also sign a confidentiality agreement, with obligations similar to the employees'. (Customers and other third parties are not beneficiaries of the employee confidentiality agreement, or of ServePath's agreements with independent contractors or with the PEO, and so have no rights to enforce those contracts.)
C. For information about security of sales account data stored with SalesForce.com, please visit http://www.salesforce.com/.
Changing Account Information
Customers can change their account information. Most customers can do so via their online personal control panel/account information page. All other customers can access and change account information by contacting their ServePath billing department.
Reporting Misuse of Data
Customers and other third parties should contact ServePath about any suspected misuse of their personally identifiable information or other data. All such inquiries or complaints should be directed to us via email to abuse@servepath.com.
Additional Information
ServePath is not responsible for use or misuse of data by any third party, including any ServePath customer. In the event of a conflict between this Privacy Policy and ServePath's Terms of Service, posted at our Website, the terms of service will govern. This Privacy Policy is subject to change, so please review this page periodically.