Privacy Policy

In an effort to protect our clients' and site visitors privacy and rights, we have established a Privacy Policy which explains what information we gather on visitors and what we do with information that we gather.

This Privacy Policy governs the manner in which we collect, use, maintain and disclose information collected from users of this Web site (each, a "User").

GDPR

The General Data Protection Regulation (GDPR) is a privacy and security law drafted and passed by the European Union (EU). It imposes obligations onto organizations anywhere, so long as they target or collect data related to people in the EU. The regulation was put into effect on May 25, 2018. Our Privacy Policy has been updated to take account of the changes to data protection law that will come with the GDPR.

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors and customers; in this policy we explain how we will handle your personal data.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website users and customers; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the collection, sharing and publication of your personal data. You can access the privacy controls via the Customer Area.

1.4 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.5 In this policy, "we", "us" and "our" refer to JOYA Web Hosting a division of Efronix, Inc.. [For more information about us, see Section 19.]

2. The personal data that we collect

2.1 In this Section 2 we have set out the general categories of personal data that we process.

2.2 We may process data enabling us to get in touch with you ("contact data"). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.

2.3 We may process your website user account data ("account data"). The account data may include your account identifier, name, email address, business name, account creation and modification dates, website settings and marketing preferences. The primary source of the account data is you and/or your employer, although some elements of the account data may be generated by our website. If you log into our website using a social media account, we will obtain elements of the account data from the relevant social media account provider.

2.4 We may process information relating to our customer relationships ("customer relationship data"). The customer relationship data may include your name, the name of your business or employer, your job title or role, your contact details, your classification / categorization within our customer relationship management system and information contained in or relating to communications between us and you, or between us and your employer. The source of the customer relationship data is you and/or your employer.

2.5 We may process information relating to transactions, including purchases of goods and/or services, which you enter into with us and/or through our website ("transaction data"). The transaction data may include your name, your contact details, your payment card details or other payment details and the transaction details. The source of the transaction data is you and/or our payment services provider.

2.6 We may process information contained in or relating to any communication that you send to us or that we send to you ("communication data"). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.

2.7 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system.

3. Purposes of processing and legal bases

3.1 In this Section 3, we have set out the purposes for which we may process personal data and the legal bases of the processing.

3.2 Operations - We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is the proper administration of our website, services and business and the performance of a contract between you and us, at your request, to enter into such a contract.

3.3 Publications - We may process account data for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is consent and us taking steps, at your request, to enter into such a contract.

3.4 Relationships and communications - We may process contact data, account data, customer relationship data, transaction data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our service users, individual customers and customer personnel, the maintenance of our relationships, enabling the use of our services, and the proper administration of our website, services and business.

3.5 Personalization - We may process account data and/or usage data for the purposes of personalizing the content and advertisements that you see on our website and through our services to ensure that you only see material that is relevant to you. The legal basis for this processing is our legitimate interests, namely offering the best possible experience for our website visitors and service users.

3.6 Direct marketing - We may process contact data, account data, customer relationship data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is consent promoting our business and communicating marketing messages and offers to our website visitors and service users.

3.7 Research and analysis - We may process usage data and/or transaction data for [the purposes of researching and analyzing the use of our website and services, as well as researching and analyzing other interactions with our business. The legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.

3.8 Record keeping - We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

3.9 Security - We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

3.10 Insurance and risk management - We may process your personal data] where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.11 Legal claims - We may process your personal data where necessary for [the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.12 Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

5. Providing your personal data to others

5.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

5.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.

5.3 Your personal data held in our website database will be stored on the servers of our company and/or our hosting services provider.

5.5 Financial transactions relating to our website and services are handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can request information about the payment services providers' privacy policies and practices by using the contact form.

5.6 We may disclose contact data along with any other personal data contained in enquiries made through our website or services to one or more of those selected third party suppliers of goods and/or services identified on our website for the purpose of enabling them to contact you so that they can administer, process, inform you on products or services delivered by them or offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the personal data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.

5.7 In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

6. International transfers of your personal data

6.1 In this Section 6, we provide information about the circumstances in which your personal data may be transferred to countries outside the United States of America (USA) and Curaçao, Dutch Caribbean.

6.2 We have offices and facilities(colocation) in Curaçao and the USA. The competent data protection authorities have made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the competent data protection authorities.

6.3 The hosting facilities for our website are situated in the USA and/or Curaçao. The competent data protection authorities have made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the competent data protection authorities.

6.4 Domain registrars, SSL Secure certificate, Website template, suppliers and/or companies are situated in the USA. The competent data protection authorities have made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the competent data protection authorities.

6.5 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

7. Retaining and deleting personal data

7.1 This Section 7 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

7.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3 We will retain your personal data as follows:

(a) contact data will be retained for a minimum period of 1 fiscal year following the date of the most recent contact between you and us, and for a maximum period of 3 fiscal years following that date;

(b) account data will be retained for a minimum period of 1 fiscal year following the date of closure of the relevant account, and for a maximum period of 3 fiscal years following that date;

(c) customer relationship data will be retained for a minimum period of 1 fiscal following the date of termination of the relevant customer relationship and for a maximum period of 3 fiscal years following that date;

(d) transaction data will be retained for a minimum period of 1 fiscal year following the date of the transaction, and for a maximum period of 3 fiscal years following that date;

(e) communication data will be retained for a minimum period of 1 fiscal year following the date of the communication in question, and for a maximum period of 3 fiscal years following that date;

(f) usage data will be retained for 4 fiscal years following the date of collection;

7.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a) the period of retention of account, transactions and usage related data will be determined based on the requirements and regulations in place at such time by the fiscal authorities.

7.5 Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

8. Security of personal data

8.1 We will take appropriate technical and organizational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

8.2 We will store your personal data on secure servers and in secure manual record-keeping systems.

8.3 The following personal data will be stored by us in encrypted form: your name, contact information and password(s).

8.4 Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.

8.5 You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.6 You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).

9. Your rights

9.1 In this Section 9, we have listed the rights that you have under the GDPR data protection law.

9.2 Your principal rights under data protection law are:

(a) the right to access - you can ask for copies of your personal data;

(b) the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(d) the right to restrict processing - you can ask us to restrict the processing of your personal data;

(e) the right to object to processing - you can object to the processing of your personal data;

(f) the right to data portability - you can ask that we transfer your personal data to another organization or to you;

(g) the right to complain to a supervisory authority - you can complain about our processing of your personal data; and

(h) the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

9.3 These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://gdpr.eu/tag/chapter-3/.

9.4 If you make a request, we have one month to respond to you. You may exercise any of your rights in relation to your personal data by written notice to us, using the contact form or email address.