Privacy Policy

Last Updated: May 18, 2018

PRIVACY POLICY

Last Updated: May 18, 2018

  1. GENERAL
  2. APPLICATION
  3. DEFINITIONS
  4. WHY WE COLLECT YOUR INFORMATION
  5. TRACKING
  6. WHAT INFORMATION WE COLLECT
  7. HOW WE STORE YOUR INFORMATION
  8. RIGHT TO RESTRICT PROCESSING
  9. RIGHT TO ACCESS
  10. INFORMATION ACCURACY
  11. RIGHT TO BE FORGOTTEN
  12. LOCATION
  13. INFORMATION SECURITY
  14. HOW WE USE OR SHARE PERSONAL INFORMATION
  15. YOUR CONSENT
  16. MINORS
  17. ABOUT US
  18. QUESTIONS & COMPLAINTS

FOR CUSTOMERS IN CANADA

FOR CUSTOMERS IN THE UNITED KINGDOM

FOR CUSTOMERS IN THE UNITED STATES

  1. GENERAL

This Privacy Policy reflects how Speedyrails Inc., its officers, employees, subsidiaries and affiliates, (“We”, “Us”, “our”) provide its web hosting services (the “Services”) through the Speedyrails Inc. website and platforms to end Users and Customers (“Customer”, “User”, “You”, “your”), and how Speedyrails Inc. collects, uses, retains, and discloses your Personal Information. 

We may change this Privacy Policy at any time by posting a new version available on our home page.  The new version will be effective as of the “Last Update” date.  We will notify You by email if We make material changes to the Privacy Policy and You will have the option to opt-out of our Privacy Policy and Services.

If You have any questions or concerns about this Privacy Policy, please email privacy@speedyrails.com.

  1. APPLICATION

This Privacy Policy applies to all Services provided to You by Speedyrails Inc.  This Privacy Policy does not apply to Services provided to You by third party companies, other individuals, links on our website, or references through our Services.

  1. DEFINITIONS

Consent” means the voluntary, unequivocal, expressed, informed, and unambiguous indication from You stating that You, wish to affirm or agree to this Privacy Policy or permit the processing of your Personal Information.

Controller” means the person or organization responsible for deciding the purpose of processing the Personal Information.  

DPA” means the Data Protection Act 1998, which serves to regulate data protection for residents of the UK.  To read the full text, please visit https://www.legislation.gov.uk/ukpga/1998/29/pdfs/ukpga_19980029_en.pdf. 

GDPR” means the General Data Protections Regulation, which serves to regulate privacy and data protection for residents of the UK and EU.  To read the full text, please visit http://data.consilium.europa.eu/doc/document/ST-5419-2016-INIT/en/pdf.

PECR” means the Privacy and Electronic Communications Regulation, which serves to regulate individual privacy rights in relation to electronic communications such as marketing calls, emails, texts, faxes, cookies and similar technologies, traffic and location data, itemized billing, line identification, and directory listings.  To read the original version, please visit http://www.legislation.gov.uk/uksi/2003/2426/contents/made.   The UK government last updated the PECR in 2016: http://www.legislation.gov.uk/uksi/2016/524/pdfs/uksi_20160524_en.pdf. 

Personal Information” or “personally identifiable information” means any information related to a natural person or what is sometimes called a ‘data subject’, whether collected on the internet or not, which can be used to directly or indirectly identify the person (sometimes referred to as ‘personal data’).  This can be anything from a name, telephone number, photo, email address, bank details, posts on social networking websites, medical information, or a computer internet protocol (“IP”) address.  Personal Information also includes characteristic, opinions, health, or financial information about/of an individual.

PIPEDA” means the Personal Information Protection and Electronic Documents Act, which serves to regulate privacy and data protection for residents of Canada.  To read the full text, please visit http://laws-lois.justice.gc.ca/PDF/P-8.6.pdf. 

Processing” means any work we do with Personal Information, including how we change Personal Information into non-personally identifiable information or aggregate information (i.e. pseudonymization), whether by automated means or not.  This includes collecting, retaining, using, disclosing, and destroying the information.  

Third Party” means a person or organization other than the Controller or Processor who is authorized by agreement or contract with the Controller or Processor to access and process the Personal Information.

  1. WHY WE COLLECT YOUR INFORMATION

We collect and process Personal Information or we engage third party services that do the same to 

  • develop, operate, support, maintain, and improve our Services,
  • analyze trends, 
  • optimize our website,
  • conduct security checks and verify identities,
  • comply with audit and regulatory purposes,
  • send marketing communications,
  • process payments, 
  • provide receipts and reports, 
  • resolve disputes, 
  • collect fees, 
  • troubleshoot problems, and 
  • informing You of security breaches, if any.

We only collect information to perform Services for you, in relation to our legitimate interests (namely, to operate our web hosting Services and communicate with you accordingly), and with your Consent.  Speedyrails Inc. will only retain and process information that is absolutely necessary to provide its Services to You and will limit access to your Personal Information to those who need it to carry out the processing.  We do not collect or process Personal Information further than what We require to fulfil customer transactions and basic functionalities of our Services.

We collect Personal Information and non-identifiable information for our own security, diagnostic, authentication and billing purposes; and, IP address information for legitimate interests, namely, to prevent hacking and fraud, and for diagnostics and data traffic analysis to improve our Services.  For a detailed list of Personal Information we collect, please see Section 6 below.

We also obtain information from You, for instance your website use and preferences, by sending “cookies” to your browser, which then saves them your computer hard drive.  Cookies and similar technologies recognize any given User who visits multiple website pages during the same session and remembers the User’s preferences.  When you visit our website, your browser will send cookies to Us, which contain the information about your session and preferences.  You may block cookies through your browser settings but this may limit your use of our Services.

  1. TRACKING

We track Speedyrails Inc. website Users to help improve our Services and marketing using third party services such as Google Analytics, Intercom and Drift (for more information on our third party partners please see Section 14).  If You do not want Us to track your use of our website or Services, please enable the ‘Do Not Track’ function on your web browser.   We will do our best to stop tracking You. 

We engage the services of third party companies that may track non-personally identifiable information when you access our website.  Once We receive the ‘Do Not Track’ request, we will send the request to the third party companies.  For more information, please see Section 6 and 14.

  1. WHAT INFORMATION WE COLLECT

We collect your Personal Information You provide to Us either through the use of our website, cookies and similar technologies, or Services, etc.  Using Google Analytics, cookies and similar technologies, We collect different types of information, including but not limited to:

  • IP address
  • Domain used to access our website
  • Your browser type/version
  • When You accessed our website
  • The website You accessed our website from
  • Which page You entered on or exited from our website
  • How long You spend on any given page on our website
  • How You interact with any given page on our website
  • Your location when you accessed the website or used our Services

Speedyrails Inc. Customers must register and sign up for our Services through our website.  If You provide it to Us when You sign up for our Services or communicate with Us, in addition to the information above, We may collect and retain your

  • Name
  • Mailing address
  • Email address(es)
  • Telephone number(s)
  • Payment details*
  • Other contact information You provide to Us

*While we collect your payment details through our website, and engage third party companies to process payments. Your financial information is never stored on our servers. For more information on third party payment companies, please see Section 14.

  1. HOW WE STORE YOUR INFORMATION

We may store Personal Information on our servers in Toronto and Vancouver.  Most of our information is held and processed through our servers in Toronto.  We may keep your information on our servers until it is no longer required for the purpose of its collection or as required by law.

We store logs and aggregate information we have collected through our servers and website for at least 3 months.

For residents in the UK, Personal Information regarding purchases or any other financial transaction will be kept for a minimum of 6 years as required by UK law.

For residents in Canada, Personal Information regarding purchases or any other financial transaction will be kept for a minimum of 7 years as required by Canadian law.

For residents in the US, financial information will be kept according to state laws.

  1. RIGHT TO RESTRICT PROCESSING

You have the right restrict the processing of your Personal Information where We have no legitimate reason to process your information.  These situations include where:

  • the accuracy of the information is contested;
  • You object to processing;
  • processing is unlawful; and
  • We no longer need your Personal Information but You require the information to establish a legal claim.

You may email Us at privacy@speedyrails.com using Your email address registered on our systems to restrict processing.

  1. RIGHT TO ACCESS

You have the right to obtain your Personal Information that We have collected, to know how and what we have done with your Personal Information, and how we store, protect, share, disclose, or destroy your Personal Information.  You also have the right to receive your Personal Information in a way that is commonly used, in a readable format, and request to transmit your information to another company or person.  

You may request our records of your Personal Information from Us by emailing privacy@speedyrails.com using Your email address registered on our systems. Once We have verified your identity, We will provide You with a copy of your Personal Information, free of charge, in PDF format within 28 days.

  1. INFORMATION ACCURACY

We strive to maintain accurate information in our records.  Where We become aware that our records are incorrect, We may contact You to update our records.  If You become aware of any changes or errors in our records regarding your Personal Information, please email privacy@speedyrails.com using Your email address registered on our systems so that We can correct our records.

  1. RIGHT TO BE FORGOTTEN

You are entitled to request that your Personal Information be deleted from our records, that We stop providing your data to third party companies, and request that those companies remove your data from their records, provided that there are no legal reasons to keep your Personal Information.   These reasons would include: 

  1. You withdraw Consent or there are no legal grounds for processing; 
  2. You object to processing and there are no legal grounds for processing; 
  3. the Personal Information was processed unlawfully; 
  4. the Personal Information must be erased because of a legal obligation of the UK as a member state of the EU; and, 
  5. the Personal Information was collected under Article 8 of the GDPR through an offer of information society services.

If You would like Us or third party companies We use to delete your Personal Information, please email Us at privacy@speedyrails.com using Your email address registered on our systems.  Unless We have a legal obligation to keep the information, We will delete your Personal Information and communicate with third party companies, subsidiaries, and affiliates to do the same.

  1. LOCATION

If You are a resident of the United Kingdom, You accept that information We collect is by default held and processed through servers located in Toronto, Canada.  The laws governing the collection and use of the information may be different from the laws of the UK.  You understand and Consent to the transfer of your Personal Information to Toronto, Canada.  

If You requested to house your information at our servers located in a different location, the laws of that jurisdiction apply. You maintain the right to legal remedies despite the transfer of your Personal Information to any of our server locations.

To further safeguard your Personal Information from breaches following the transfer, We execute standard data protection contracts with our third party partners who are located in third countries that have not been deemed to provide adequate protection by the EU Commission.

  1. INFORMATION SECURITY

To ensure the confidentiality, integrity and availability of our systems, Services, and your Personal Information, We have implemented physical, technical, procedural and organizational precautions to safeguard against unauthorized access, disclosure, alteration, or destruction.  Specifically, We have implemented the following measures:

  • Encryption of data at rest and in transit;
  • Strict filtering rules;
  • Stateless firewalls;
  • Brute force detection;
  • Additional care to protect your financial information, such as credit card or bank account numbers;
  • Secure and monitored facilities;
  • Authorization to access Personal Information only for employees, contractors, and agents who have undergone background checks and signed confidentiality agreements;
  • Vault clusters to store API keys, application passwords and other secrets;
  • VPN solutions to further secure our servers; and
  • Cloudflare DDOS protection.

For more information, please read our Security page or contact Us at privacy@speedyrails.com using Your email address registered on our systems.

  1. HOW WE USE OR SHARE PERSONAL INFORMATION

Speedyrails Inc. does not use or process Personal Information further than the purpose for which we collected the information.  We process Personal Information only for the purposes laid out in Section 4 and this Privacy Policy.

We may share your Personal Information with our employees, contractors, consultants, affiliates, and subsidiaries that require such information to assist Us with managing our Services and our relationship with You.  At Speedyrails Inc., we provide managed web hosting services, which may also require Us to use or access your Personal Information.

We share Personal Information with companies, organizations and individuals outside of Speedyrails Inc. if We reasonably believe that access, use, preservation or disclosure of the information is necessary.  

We also share aggregated information (i.e. non-personally identifiable information) publicly with other entities. Sharing aggregated information helps Us better understand how You use our Services and helps Us detect and prevent fraud and other unauthorized or suspicious activity.

Except as expressly disclosed in this Privacy Policy, We will not sell, rent, share, trade, or disclose your Personal Information to third parties.  We ensure that any information in transmission is always encrypted.

We try our best to keep an updated list of our third party services that We use that would have access to your Personal Information.  We currently share Personal Information with the following third parties:

We do not keep payment information on our servers or systems.  Because we engage third party payment services, We do not have access to Your financial information.  We may access your billing address, card expiry date, and the last few digits of the credit card.  Payments are made directly through third party websites and your Personal Information is protected by those third party security measures.  For such Service payments, We use the following third-party services:

To the extent that We can, We engage only third parties and information processors who follow and implement the same data protection measures required under the GDPR, PECR, DPA, and the PIPEDA.

If Speedyrails Inc. is involved in a merger, acquisition or asset sale, debt financing, or similar transaction, or in the event of insolvency, bankruptcy, or receivership, We will continue to protect any Personal Information and notify You if your Personal Information will be affected or subject to a new privacy policy.  If your Personal Information could be used contrary to this Privacy Policy, You will receive prior notice as well as the opportunity to opt out.

We will disclose your information if We are under a duty to disclose your information under a legal obligation, to enforce our Terms of Services and other agreements, or to protect the rights, property, or safety of our Customers or others.

  1. YOUR CONSENT

For residents in the UK, We will ask for Consent before collecting your information.  

For residents in the US and Canada, wherever possible We will seek your Consent before collecting your Personal Information.  As US and Canadian residents, by using our Services, You agree to the collection, use, and disclosure of your Personal Information.  We will seek express Consent before we collect, use, or disclose any sensitive Personal Information.

ALL USERS MAY WITHDRAW CONSENT AT ANY TIME.  IF YOU WOULD LIKE US TO STOP COLLECTING, USING, RETAINING, OR DISPOSE OF YOUR PERSONAL INFORMATION, OR REQUEST THE THIRD PARTIES WE USE TO STOP COLLECTING, USING, RETAINING, OR DISPOSE OF YOUR PERSONAL INFORMATION, PLEASE EMAIL US AT privacy@speedyrails.com USING YOUR EMAIL ADDRESS REGISTERED ON OUR SYSTEMS. ONCE WE VERIFY YOUR IDENTITY, WE WILL DO OUR BEST TO SATISFY YOUR REQUEST AS SOON AS POSSIBLE.

  1. MINORS

We do not knowingly collect the Personal Information of minors without the Consent from their parent or guardian (‘minor’ as defined under the laws of the User’s jurisdiction).  Our third party partners may not have the same policy on minors. To review their policies on minors, please see Section 14.

If You are a minor and You have submitted Personal Information to Us without the Consent of your parent or guardian, please have your parent or guardian email privacy@speedyrails.com to request the removal of your Personal Information from our systems.

  1. ABOUT US

Speedyrails Inc. is a web hosting company with the following registered addresses:

Canadian Contact Address:
Speedyrails Inc.
449 Sussex Drive, Unit 201Ottawa, Ontario K1N 6Z4Canada
United States Contact Address:
Speedyrails (USA) Inc.
16192 Coastal Highway
Lewes, Delaware 19958
USA
United Kingdom Contact Address:
Speedyrails (UK) Inc.71-75 Shelton Street
Covent Garden, London WC2H 9JQ
United Kingdom

For the purpose of the DPA and the GDPR, the data controller and processor is Speedyrails Inc. a company registered in Canada with the registered address noted above (Canadian Contact Address).

  1. QUESTIONS & COMPLAINTS

This Privacy Policy adheres to the PIPEDA, GDPR, PECR, and DPA.  Our Policy is also subject to American state regulations regarding privacy law.

Our contact and nominated representative for the purpose of the GDPR, PIPDEA, PECR, DPA and any is:

Maykel Rodriguez

Founder & CEO at Speedyrails Inc.

privacy@speedyrails.com

FOR CUSTOMERS IN CANADA

Where we reasonably believe that Personal Information in our control has been breached and there is significant risk to You or other Customers, we will provide (i) a report to the Office of the Privacy Commissioner of Canada; (ii) a notice to the affected individuals as soon as feasible; and, (iii) a notice to other affected organizations.  Significant risk to You includes harms, humiliation, damage to your reputation, relationships, and identity theft.  We will consider the sensitivity of the information, the probability of misuse, and any other factors required by law.

We will keep a record of every breach in our security for 24 months after the day when we discover the breach.  The record will include any information about the breach.  We reserve the right to keep copies of Personal Information to fulfill legal obligations.

If You feel that We have not respected your rights under this Privacy Policy or a given piece of legislation, We encourage You to contact Us so that We can find a solution.  

You may submit a complaint to:

Office of the Privacy Commissioner of Canada

30 Victoria Street

Gatineau, Quebec K1A 1H3

819-994-5444 or 819-994-6591

FOR CUSTOMERS IN THE UNITED KINGDOM

While We try our best to protect your Personal Information and avoid security breaches, if your Personal Information is compromised, We will notify You within 72 hours of the time We are aware of the breach.  

If the breach is likely to result in a high risk adversely affecting your rights and freedoms, We will inform You of the breach without delay.

We keep records of any Personal Information breaches, whether or not the breach was serious and required Us to notify You.

If You feel that We have not respected your rights under this Privacy Policy or a given piece of legislation, We encourage You to contact Us so that We can find a solution.  

You may submit a complaint to:

Information Commissioner’s Office

Live chat: https://ico.org.uk/global/contact-Us/live-chat 

0303-123-1113

FOR CUSTOMERS IN THE UNITED STATES

We will inform You if there is a security breach within 30 days and we will notify third party partners within 10 days.  We will also notify the appropriate state Attorney General if required by law.

Speedyrails Inc. strives to satisfy all state regulations and laws concerning privacy.  If You feel that We have not respected your rights under this Privacy Policy or a given piece of legislation, We encourage You to contact Us so that We can find a solution.  

Please refer to your local consumer department in charge of privacy complaints.  If you are a resident of the State of Delaware, California, and Florida, You may submit a complaint to:

Delaware:

Delaware Department of Justice

Consumer Protection Unit

Carvel State Office Bldg.

820 N. French St., 5th fl.

Wilmington, DE 19801

consumerprotection@state.de.Us

California:

Department of Justice

Office of the Attorney General

P.O. Box 944255

Sacramento, CA 94244-2550

Online form: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company 

Florida:

Office of Attorney General

State of Florida

The Capitol PL-01

Tallahassee, FL 32399-1050

Last Updated: May 18, 2018

Privacy Policy

Last Updated: May 18, 2018