Privacy Policy - PrimeNodes

Last Modiﬁed 08/10/2020

This Privacy Policy covers the website hosting, data handling procedures, data collection procedures and associated services provided by Encrypted Laser Limited, a company registered in England, with its registered number 10286642 and its registered address at 024 River Mill One, Station Road, London, SE13 5FL.

Encrypted Laser Limited will be referred to within this document as ('PrimeNodes') and using first-person pronouns.

The Client will be referred to within this document as ('Customer'), ('Client'), ('You'), ('Your'), ('The Client'), ('User') and using second-person pronouns.

This privacy policy applies between you, the User of this Website and PrimeNodes, the owner and provider of this Website. PrimeNodes takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Your use of any website, network or services owned or operated by PrimeNodes, including without limitation primenodes.com [and elhostingservices.com] (each referred to as 'this site' or 'this website') signifies Your acceptance and understanding of this Privacy Policy.

PrimeNodes is registered and fully compliant with the Data Protection Act 2018 and the General Data Protection Regulation 2016. Registration number with the Data Commissioner is: "ZA231865".

This privacy policy should be read alongside, and in addition to, our Terms of Service, that can be found here.

1. Definitions and Interpretation

In this privacy policy, the following definitions are used:
1. Data - collectively all information that you submit to PrimeNodes via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
2. Cookies - a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
3. Data Protection Laws - any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
4. GDPR - the General Data Protection Regulation (EU) 2016/679;
5. Encrypted Laser Limited - a company incorporated in England and Wales with registered number 10286642 whose registered office is at 024 River Mill One, Station Road, London, SE13 5FL;
6. UK and EU Cookie Law - he Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
7. User or you - any third party that accesses the Website and is not either (i) employed by PrimeNodes and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to PrimeNodes and accessing the Website in connection with the provision of such services; and
8. Website - the website that you are currently using, primenodes.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
In this privacy policy, unless the context requires a different interpretation:
1. the singular includes the plural and vice versa;
2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
4. "including" is understood to mean "including without limitation";
5. reference to any statutory provision includes any modification or amendment of it;
6. the headings and subheadings do not form part of this privacy policy.

2. Scope of this Privacy Policy

This privacy policy applies only to the actions of PrimeNodes and Users with respect to this Website and direct services provided to you. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites. For purposes of the applicable Data Protection Laws, PrimeNodes is the "data controller". This means that PrimeNodes determines the purposes for which and the manner in which, your Data is processed.

3. Information Collected

PrimeNodes will only collect and use personal information solely for the utilisation of the account holder's profile, support requests and for service improvements. Information we may collect, but not limited to, which includes personal Data, from you in each case, in accordance with this privacy policy:
1. name;
2. job title;
3. company name;
4. contact information such as email addresses, address details and telephone numbers;
5. financial information such as credit/debit card or PayPal details;
6. IP address, hostname and ISP (automatically collected);
7. web browser type, version and resolution (automatically collected);
8. government-issued identification;
9. bank statement or utility bill;
10. operating system (automatically collected);
11. a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
12. VAT number;

4. Data Collection Methods

We collect Data in the following ways:
1. data is given to us by you; and
2. data is collected automatically.
We will collect your Data in a number of different ways, for example:
1. when you contact us through the Website, by telephone, Discord, e-mail or through any other communication medium;
2. when you register with us and set up an account to receive our products/services;
3. when you make payments to us, through this Website or otherwise;
4. when you elect to receive marketing communications from us;
5. when you use our services;
6. Google Analytics;
7. Google Tag Manager;
8. Tawk.to;
9. FraudLabs fraud prevention;
10. service statistics;
To the extent that you access the Website or services, we will collect your Data automatically, for example:
1. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
2. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".
3. we will collect Data in the form of statistics of services purchased to assist in monitoring network and resource usage including, but not limited to, network transfer rates, resource stats and last login date.
During a (D)DoS attack or another network-based attack that interacts with, or impacts, our network, we will collect a range of network information including any IP addresses involved, ports/protocols utilised, packets and data sent or received, originating ISP, the method of attack and general statistics related to the attack.

5. Data Usage

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
1. internal record keeping;
2. improvement of our products and services;
3. transmission by email of marketing materials that may be of interest to you;
4. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
5. customer support;
We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your Rights" below).
For the delivery of direct marketing to you via email, we'll need your consent, whether via an opt-in or soft-opt-in:
1. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
2. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide to you on registration and that is available on your account profile.

If you are not satisfied with our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.

When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
In the event of a service (D)DoS attack or another form of network-based attack, all information collected by us will be used to impose a global network-wide ban from IPs the attack originated from, in addition to all Data being passed to local authorities and any ISPs or hosting providers involved to attempt to neutralise and prevent further attacks.

6. How We Share Information

We may share your Data with the following groups of people for the following reasons:
1. our employees, agents and/or professional advisors - to enable customer support agents to be able to provide direct assistance related to your account in the form of billing and technical requests;
2. relevant authorities - in the event that we are required to do so by a court order;
3. NameCheap & ICANN - during the course of domain registration to allow for verification & processing; and
4. Thomas Higgins LTD Solicitors & Freeths LLP - when acting as agents on our behalf during the course of legal or debt recovery action.
We keep all client information private and will not publicly disclose any relation to the client unless permission is received on a case-by-case basis.

7. Keeping Data Secure

We will use technical and organisational measures to safeguard your Data, for example:
1. access to your account is controlled by a password and a username that is unique to you.
2. optional two-factor authentication is available on all control interfaces as an additional level of security.
3. we store your Data on secure servers.
4. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.
Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this email address: [email protected] If you want detailed information from 'Get Safe Online' on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

8. Data Retention, Storage & Transfers

Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes. We store data in compliance with the mandatory minimum required by HMRC in the event of an account audit being requested. The 7 year period beings from the date that you no longer have any active services or have opted to close your account with us. During this period, your data will be stored in a 'frozen' state.
Data we store for 7 years before being destroyed:
1. Full Name
2. Full Address
3. Email Address
4. Phone or Mobile Number
5. Company Name & Number
6. Support & Interaction Information
7. VAT Number
8. Order Records
9. Invoice Records
10. Transaction Details
11. Payment Method Information
12. Last Login IP & Hostname
Data we store for 6 months before being destroyed:
1. Account Activity Logs
2. Staff Intervention Logs
3. Email Logs
4. Email Attachments
5. Ticket Attachments
Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. Current backup storage locations include:
1. London, United Kingdom
2. Nuremberg, Germany
We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission.
To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.

9. Your Rights

You have the following rights in relation to your Data:
1. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
2. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
3. Right to erase - the right to request that we delete or remove your Data from our systems.
4. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
5. Right to data portability - the right to request that we move, copy or transfer your Data.
6. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this eIt is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

10. Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

11. Links to other websites

PrimeNodes may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Encrypted Laser Limited. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
We may also disclose Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.

12. Cookies

This Website may place and access certain Cookies on your computer. PrimeNodes uses Cookies to improve your experience of using the Website and to improve our range of services. PrimeNodes has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling PrimeNodes to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
This Website may place the following Cookies:
1. Strictly necessary cookies
  1. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
2. Analytical/performance cookies
  1. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
3. Functionality cookies
  1. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
The list of current cookies stored by our services is detailed below. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know:
1. Strictly necessary cookies
  1. _cfduid (CloudFlare)
    1. Used to identify individual clients behind a shared IP address and apply security settings on a per-client basis.
  2. WHMCSInstanceID (WHMCS)
2. Analytical/performance cookies
  1. _ga - Universal Analytics (Google)
  2. _gat - Universal Analytics (Google)
  3. _gid - Universal Analytics (Google)
  4. WHMCSAffiliateID (WHMCS)
  5. WHMCSLinkID (WHMCS)
3. Functionality cookies
  1. TawkConnection (tawk.to)
  2. _tawkuuid / tawkUUID (tawk.to)
  3. cookieconsent_status - Cookie Popup Notice
  4. WHMCSUID/WHMCSPW (WHMCS)

13. General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

14. Changes to this Privacy Policy

PrimeNodes reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

15. Attribution

Some phrasing and segments of this document have been produced with the assistance of RocketLaywer and Freeths LLP.

Data Protection Officer

Mr William Phillips (Company Director)
Encrypted Laser Limited
024 River Mill One, SE13 5FL
[email protected]