Introduction

Thank you for accessing the zenlayer.com website operated by Zenlayer (“we,” “our,” or “us”). We respect your privacy and want to protect your information. This Privacy Policy governs the Zenlayer.com, Zenlayer.in, console.zenlayer.com and portal.zenlayer.com websites and their subdomains (the “Sites”), applications, products, services, events, and any interactive features and applications that reference this Privacy Policy. To the extent we provide you notice with different or additional privacy policies or practices (e.g., at the point of collection of your information), those additional terms shall govern such data collection and use. This Privacy Policy also applies to information we may collect from you while visiting our booth during an event, accessing a white paper online, via telephone calls with our office, through online payments, or in any other instance when you contact us. If you voluntarily provide your information in the course of using or interacting with our Sites, purchasing our products, or using our services, we will take that as your consent to our collection, use, and disclosure of your information in accordance with this Privacy Policy.

This Privacy Policy does not apply to any products, services, websites, or content that are offered by third parties (“Third Party Services”), which are governed by their respective privacy policies. This Privacy Policy does not apply to any content processed, stored, or hosted by our customers using the Zenlayer services (see the Master Service Agreement (“MSA”) for more information about how we handle customer content and how our customers can control their content through the services). Zenlayer is a processor of customer content and processes such data at the direction of its controller customers.  

This Privacy Policy explains what personal information we collect from you, why we collect it, under what circumstances we may share it with third parties, how we protect your personal information, and your privacy rights. Personal information means any information relating to an identified or identifiable natural person.  

In addition, please review the Sites’ Terms of Use, which govern your use of the Sites. By using our Sites, you consent to this Privacy Policy and agree to the Terms of Use.

Table of Contents

What Information We Collect

Why We Collect Information

When We Share Information

Cookies

Location of Your Information

Data Security  

Marketing Choices

Zenlayer as a Data Processor for EU/EEA and Switzerland Customers  

Your GDPR Rights

Your California Privacy Rights  

Privacy of Children Online

Updating Personal Information  

Do Not Track Disclosures (DNT)  

Visitors to the Sites Outside of the United States  

Links to Other Websites

Information Retention

Questions/Changes in Privacy Policy  

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What Information We Collect

We collect personal information from you in a variety of ways when you interact with our salespersons, Sites, and/or mobile services. Below is a list of personal information that we collect and the sources from which we collect the information.

(a) Information You Provide to Us

In connection with the products and services we provide, we may ask you to provide us with following categories of personal information. Not all categories may be collected about every individual:  

• Personal identifiers (e.g. name, mailing address, email address, phone number)
• Characteristics of protected classifications (e.g. gender, age, nationality)
• Commercial information (e.g. products or services purchased, purchase history)
• Internet or other electronic network activity (e.g. browser, cookie ID or search history)
• Biometric information (e.g. imagery of the iris, retina, or fingerprints)  
• Audio, electronic, visual, or similar information (e.g. recording of guest service calls)
• Geolocation data (e.g. latitude or longitude)
• Financial information (e.g. bank account numbers)
• Education information (e.g. degree and schooling information)
• Employment information (e.g. industry, occupation, title)  

(b) General Browsing

In addition to information that you choose to submit to us, we and our service providers automatically collect and store certain information when you visit or interact with the Sites (“Usage Information”). This Usage Information may be stored or accessed from your personal computer, laptop, tablet, mobile phone or other device whenever you visit or interact with our Sites. Usage Information may include:  

• Your IP address, UDID or other unique identifier
• Your device functionality, including browser, operating system, hardware, and mobile network information
• Internet, application, and network activity, such as cookie IDs and browser visits
• Location information, such as geo-location information

Why We Collect Information

We collect your personal information to provide you with our products and services, such as to fulfill your requests for services or to help us personalize our services and marketing to you. We also collect your personal information to support our business functions, such as customer service, recruiting, and legal functions. Below are some ways in which we use your personal information:  

• 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 affiliates
• Sending you email communications such as electronic newsletters about our products, Services, events, and promotions
• Improving the effectiveness of our Sites, 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
• Allowing you to participate in interactive discussions and public forums
• Helping us address problems with and improve our Sites and our products and services
• Protecting the security and integrity of the Sites
• Screening, identifying, and evaluating candidates for positions
• For other internal business purposes, and
• For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy

When We Share Information

We share your personal information with third parties, such as companies with whom we have marketing or other relationships. We will not sell or rent your personal information for money.

Examples of when Zenlayer shares your personal information include:

(a) Third Parties Providing Services to Zenlayer. We may use third party service providers to perform certain services on behalf of us or the Sites, such as: (i) shipping products and ensuring delivery; (ii) processing credit cards and/or electronic payments; (iii) assisting us in Sites operations; (iv) managing a database of customer information; (v) hosting the Sites; (vi) designing and/or operating the Sites’ features; (vii) tracking the Sites’ activities and analytics; (viii) enabling us to send you special offers or perform other administrative services; and (ix) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information to carry out the services they are performing for you or for us. We require our service providers to keep user information secure. We do not allow our service providers to use or share user information for any purpose other than providing services on our behalf.

(b) To Protect the Rights of Zenlayer and Others. To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Zenlayer or third parties (including through the enforcement of this Privacy Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas, or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.  

(c) Affiliates and Business Transfer. We may share your information with our subsidiaries and affiliates. As part of this sharing of information with our subsidiaries and affiliates, this means that once you provide us with information, any one of our related entities may use your information, including for marketing purposes, pursuant to the terms of this Privacy Policy. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Sites and/or our services; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during any due diligence process.  

Cookies

Our Sites use certain tags, log files, web beacons, and similar tracking technologies from third parties (collectively, "cookies"), of which you should be aware. These mechanisms indirectly or passively collect certain information about your use and interaction with our Sites and when you use our services. For more information about how we use cookies and your choices, please refer to our Cookies Policy.  

Location of Your Information
Zenlayer is located in the United States, and our affiliated companies are located throughout the world. Depending on the scope of your interactions with our services, your personal information may be stored in or accessed from multiple countries, including the United States. Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by applicable data protection laws.  

Data Security
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 transmission of sensitive data, such as credit card information, and has procedures in place to deal with any data breach. We will notify you and any applicable regulator of a data breach where we are legally required to do so.

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 Sites, 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.

Marketing Choices
We may send you direct marketing messages including by way of email alerts. If you no longer wish to receive our email marketing or general information communications, to be part of a mailing list, or to receive any marketing communications, you can opt-out of such communications at any time by clicking on the unsubscribe link in the relevant communication or contacting us at marketing@zenlayer.com.  

Zenlayer as a Data Processor for EU/EEA and 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 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 laws. 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 customers’ 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 “personal data,” “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 may have temporary access to customer content 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) and only for so long as the employee is providing services to you. As a processor, Zenlayer will not access the customer content for any purpose beyond providing you with support as described above and will not disclose it to any person or entity.  

Your GDPR Rights

If you are in the EEA, you have the following rights, which can be exercised free of charge:

• Access. You have the right to request a copy of the personal information that we are processing about you. If you require additional copies, we may need to charge a reasonable fee
• Rectification. You have the right to require the correction of any mistake in the personal information, whether incomplete or inaccurate, that we hold about you
• Deletion. You have the right to require the erasure of personal information concerning you in certain situations, such as where we no longer need it or if you withdraw your consent (where applicable)
• Portability. You have the right to receive the personal information concerning you that you have provided to us, in a structured, commonly used, and machine-readable format and have the right to transmit that data to a third party in certain situations
• Objection. You have the right to (i) object at any time to the processing of your personal information for direct marketing purposes and (ii) object to our processing of your personal information where the legal ground of such processing is necessary for legitimate interests pursued by us or by a third party. We will then abide by your request unless we can demonstrate compelling legal grounds for the processing
• Restriction. You have the right to request that we restrict our processing of your personal information in certain circumstances, such as when you contest the accuracy of that personal information
• Withdrawal of consent. If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. "Explicit consent" would be required if the Zenlayer relies on consent as the condition to lawfully process "special categories of personal data," as defined in the GDPR

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process your personal information or where data may be exempt from disclosure due to professional secrecy obligations.

If you are in the EEA and would like to exercise any of these rights, please:

• Submit a request by using our GDPR Data Subject Rights Form.  

                                                                       -OR-

• Email us at privacy@zenlayer.com  
• Provide enough information to identify yourself (e.g., name, email address, etc.)
• Provide proof of your identity and address (e.g. a copy of your driver’s license or passport and a recent utility or credit card bill) and
• Provide the information to which your request relates

If you are a California resident, you may make certain requests to Zenlayer regarding your personal information. We will fulfill each of your requests to the extent required by California law.  

You can ask us to:  

(1) Provide a copy of your personal information, or categories of personal information  

(2) Delete your personal information  

(3) Stop selling your personal information

We do not share your personal information for money. We do share personal information with our affiliated entities and certain third parties, which may be considered a “sale” under California law even if we do not receive money in exchange for the information. We do not knowingly sell the personal information of minors under the age of 16.

We will not discriminate against you for exercising your rights. This means we will not deny you products or services, charge different prices or rates, provide a different level of service or quality of products, or suggest that you might receive a different price or level of quality for products or services. Please know, if you ask us to delete or stop selling your data, it may impact your experience with us.

To make your request, please use our CCPA Privacy Request Form. Or you can email your request to privacy@zenlayer.com with “California Privacy Rights” as the subject line. You must include your full name, email address, phone number, and postal address in your request for us to verify your identity.  

Privacy of Children Online

Our Sites and Services are not directed to children under the age of 13 and do not knowingly collect personal information from children under the age of 13. Please contact us at privacy@zenlayer.com if you have concerns regarding the potential collection of your child’s information.

Updating Personal Information

We strive to keep your personal information accurate and up to date. If you would like to update your personal information, you can accomplish it in the following ways:

• If you have created an account on our Sites, log into your account. Once you do, you will be able to enter and update your own contact information.

• Contact us at privacy@zenlayer.com. We will use 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 your information from our databases and that residual data may remain on backup media or for other reasons, such as a legitimate business reason.

Do Not Track Disclosures (DNT)

Various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that relies on a technology known as a DNT header that sends a signal to websites visited by the browser user about the user's DNT preference. You can usually access your browser's DNT option in your browser's preferences. Zenlayer currently does not respond to DNT signals in browsers because no DNT standard has been adopted by the industry.

Visitors to the Sites Outside of the United States

If you are visiting the Sites from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Sites will be created on servers located in the United States. Information you provide through the Sites may be maintained on our web servers and systems located within the United States, or on our service providers’ servers and systems in other countries, including countries outside the European Economic Area (EEA). The data protection laws in the United States or other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the relevant countries according to local laws. By using the Sites or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries, as set forth in this Privacy Policy.

Links to Other Websites

For your convenience, the Sites may contain links to other websites. Zenlayer is not responsible for the privacy practices, advertising, products, services, or the contents of such other websites. None of the links on the Sites should be deemed to imply that Zenlayer endorses or has any affiliation with the links.

Information Retention

We will retain your personal information for as long as necessary for the purposes for which that information was collected as set out in this Privacy Policy or for longer as required under any applicable legal, regulatory, accounting, or reporting requirements. Should you opt out or no longer wish to receive marketing messages from us, we will securely delete your personal information from the relevant mailing list(s).

Questions / Changes in Privacy Policy

If you have questions or concerns with respect to our Privacy Policy, you can contact us at privacy@zenlayer.com.  

Please check our Privacy Policy periodically for changes. All the changes will become effective on the date posted. If you are concerned about how your personal information is used, please visit our Sites often for this and other important announcements and updates.