Phusion's Disclaimer & Privacy Statement

Version 2018-05-24

Scope

This disclaimer and this privacy statement apply to (the use of) all external (advertising) expressions of, and the processing of personal data by, Phusion B.V. ("Phusion"), including the statements and contents on:

Disclaimer

Phusion publishes on its publicly accessible, customer-facing website(s) and/or website(s) accessible after legitimate registration, informative texts, images, videos and other expressions. All of Phusion’s expressions have been carefully created. Phusion cannot however, guarantee the correctness and completeness of these expressions. Phusion does not guarantee error-free or uninterrupted access to its website(s) or the products or services offered by it electronically. Phusion accepts no responsibility for the statements or the correctness and completeness thereof. The visitor cannot derive rights from Phusion's website(s) or other expressions of Phusion. References to external websites and resources that are not maintained by Phusion to the visitor are only included for informative purposes. Phusion cannot vouch for the content and functioning of external sources referenced, nor the quality of any products and / or services offered. All rights, including all intellectual property rights in all substantive information and images on this website lie with Phusion or its licensors unless explicitly mentioned otherwise. Using this information and these images is not permitted without Phusion's prior written consent. Phusion reserves the right to modify the content of its website(s), or to delete component(s) from its website(s), at any time without further notice.

Privacy Statement

General

Phusion may process personal data through its website(s), (mobile) (web) application(s), software, technical support, consultation, live chat, product information, etc., through the process of maintaining and upgrading Phusion’s products, through automated means such as communications protocols, e-mail communications, cookies, social connectors, Phusion-affiliated social networking areas, Phusion ads placed on third party sites, product registration, call centers, trade shows, training seminars, conferences and other expressions.

Phusion greatly values the privacy of its customers and other people and therefore takes the utmost care in the handling and protection, of personal data. Phusion complies with the European General Data Protection Regulation ("GDPR"). Phusion is the party who is responsible for how this data will be used. In this Privacy Statement, Phusion explains which data Phusion collects and for what purposes it will be used. In addition to individuals, companies can also make use of Phusion’s website(s) and (web)application(s). However, the GDPR does not apply to corporate data. This Privacy Statement therefore focuses primarily on individuals.

Processing of personal data

Personal data is data which can be used to identify you. Phusion makes a distinction between:

Personal information you actively provide to Phusion, can for instance be: your name, contact preferences and other information you provide to Phusion (e.g. during a registration process or during contact with an employee of Phusion).

Also, by visiting Phusion’s website(s) and the use of Phusion’s (web) applications, software or other expressions, some technical data will automatically be sent by your equipment to Phusion’s computers, such as the IP address used by you, the operating system, the used Internet browser and (in some cases) the last web page you visited.

Processing purpose

Any personal data processed by Phusion will only be used for the following purposes:

Newsletter

Phusion's newsletter(s) are sent to the subscriber(s) of one or more of Phusion’s newsletter(s). The subscriptions consist of two groups:

Registration through our website(s) and third-party newsletter management service(s) takes place by means of a double opt-in process. You will only be listed as a subscriber if you follow the instructions you will receive by email after the registration process. This ensures that only those who will receive our registration email can subscribe to our newsletter.

It is also possible that existing customers will be added to the subscription base at the request of an employee of Phusion. This only happens if such customers have given explicit consent for this fact.

Every newsletter provides a means to unsubscribe from the newsletter, for example by providing a hyperlink at the bottom to an unsubscribe page.

The legal basis for processing is either because it's necessary for the performance of a contract to which the recipient is party, or because it’s necessary for the purposes of the legitimate interest of Phusion.

Cookies

Phusion’s website(s) and (web) application(s) sometimes use cookies (small data files ­placed on your computer) or other technologies. These technologies, among other things, allow Phusion to provide you the correct operation of the website / web application, as well as to measure the effectiveness of its services and to give Phusion more insight into user behavior, showing which parts of our website(s) have been visited. With most browsers, you can manage your cookie settings through the browser settings. You can decide whether to accept or decline cookies. Some cookies are also used for the purpose of allowing you to login to the website(s).

The legal basis for processing through cookies is either because it's necessary for the purposes of the legitimate interest of Phusion or, when de cookies are not merely "functional", the visitor or user has given consent for the processing.

Google Analytics

Our website(s) use(s) Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies, or other technologies, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google uses this information to track how you use the website, compile reports on website activity for website operators and provide other services relating to website activity and internet usage.

Google may also transfer this information to third parties if Google is legally required to do so, or in case such third parties process the information on Google's behalf. Google will not combine your IP address with other data held by Google.

We have instructed Google Analytics to anonymize IP addresses (by removing the last octet). We also do not share any personal information with Google Analytics. We have also signed a data processing agreement with Google Analytics. You can learn more in the Google Analytics privacy policy.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, we point out that in this case you may not be able to use all features of our website(s) and (web) application(s), such as the ability to login. If you do not want your website visits to be measured by Google Analytics, you can download a simple tool through which Google Analytics is blocked. By using our website(s) and or (web) application(s), you consent to the processing of data by Google in the manner and for the purposes set out above.

Web Beacons

Some of our web pages and HTML-formatted email use web beacons, or other technologies, in conjunction with cookies to compile statistics about website and newsletter usage. We use these statistics to optimize the effectiveness of our websites and newsletter campaigns.

A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on a visitor's computer, such as a visitor's cookie identifier, time and date of a page view and a description of the page where the web beacon is placed. You may render web beacons unusable by rejecting their associated cookies, or by blocking the associated images.

Web beacons on websites are used to compile aggregate, anonymized statistics. Web beacons in newsletters (HTML-formatted email) are used to determine which individual subscribers open which emails.

Retention of personal data

Newsletter subscriber information -- including information collected through web beacons -- is retained until you unsubscribe. When a recipient is unsubscribed, we will only use the personal data to make sure the former recipient will not receive any of our newsletters anymore.

Data stored on Google Analytics is retained for 26 months.

IP addresses are stored in our server log files for up to 4 weeks. These IP addresses are only used for security reasons and for technical troubleshooting.

Rights

All website(s), text, images, videos and other manifestations are owned and operated by Phusion. Phusion respects your privacy and ensures that the personal information that you may provide to us is treated confidentially.

In the case Phusion is the controller of your personal data, you (the data subject) have the following rights:

These rights, however, can be limited by other rules and regulations. You can also lodge a complaint regarding the processing of personal data of Phusion at the Dutch supervisory authority "Autoriteit Persoonsgegevens".

Modifications

Phusion reserves the right to modify this Privacy Statement at any time. Any changes will be announced on our website(s). Phusion can process your personal data for new purposes that are not mentioned in this Privacy Statement. In that case, we will notify you on our website(s) about the changes in the Privacy Statement before using your data for these new purposes. If you do not want Phusion to use your data, you always have the possibility to opt out by sending an email to info@phusion.nl.

Applicable law

With respect to any dispute arising from this privacy statement, Dutch law, in the Dutch language, shall be applicable. The district court of Amsterdam, The Netherlands, shall be the single competent court, unless another court has jurisdiction.

Contact

If you have questions or concerns about the Disclaimer or our privacy statement, or if you wish to access, alter or delete your personal data, you can always contact us via info@phusion.nl. You may also contact us via postal mail at the following address:

Phusion B.V.

Street address
Wapenrustlaan 11-31
Postal code and city
7321 DL Apeldoorn
Country
The Netherlands
ATTN
ATTN: Legal Division / Privacy Officer

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