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+ <p>
+ The following Customer Agreement will apply to the use of any Linode service
+ beginning on May 25, 2018, though you are invited to review and accept its
+ terms at any time before such date.
+ </p>
<p>
In order to ensure the provision of high quality data services, Linode,
LLC ("Linode," "we," "us," or "our") require all users of Linode
@@ -47,8 +52,9 @@
</li></ol>
<p>
- This Agreement shall take effect when you click the "I Accept" button
- (the "Effective Date"). In the event you are entering into this
+ This Agreement, including the Service Level Agreements, will be
+ effective and replace any previously applicable agreements as of
+ the Effective Date. In the event you are entering into this
Agreement for or on behalf of an entity, such as a company you work
for, you represent to us that you have lawful and actual authority to
bind that entity. <a href="mailto:support@linode.com">Please click here
@@ -196,13 +202,13 @@
<li>Privacy of Data and Content
<ol><li>
- U.S. Privacy Shield. We comply and operate under the Privacy Shield
- agreement between the U.S. and the E.U. countries, which, in part,
+ General Considerations. We comply and operate under various privacy
+ frameworks between the US and the international community, which, in part,
require online service providers, like us, to protect customer Personal
Data from disclosure, subject to government actions that satisfy legal due
- process ("Privacy Shield"). The protections and obligations imposed on us by
- the Privacy Shield do not require you to review or execute any agreements
- other than this Agreement and the Privacy Policy.
+ process (collectively the "Privacy Frameworks"). The protections and
+ obligations imposed on us by the Privacy Frameworks do not require you to
+ review or execute any agreements other than this Agreement and the Privacy Policy.
</li><li>
EU Considerations.
<ol><li>
@@ -212,10 +218,10 @@
imposed by the European Parliament and the Council of the European
Union, all customers are required to execute the EU Model Contract and/or
other appropriate instruments that provide an adequate level of protection
- in compliance with the EU GDPR and/or the US Privacy Shield frameworks.
+ in compliance with the EU GDPR and/or the US Privacy Frameworks.
</li><li>
EU Model Contract. For purposes of the EU Model Contract and within the
- meaning of the EU GDPR and/or the US Privacy Shield frameworks, you
+ meaning of the EU GDPR and/or the US Privacy Frameworks, you
acknowledge and agree that (i) you have reviewed the EU Model Contract,
(ii) you are a Data Exporter, and (iii) we are a Data Importer.
</li></ol></li>
@@ -461,13 +467,7 @@
quotas, or (d) resell or sublicense the Linode Services unless granted
prior permission by us in writing.
</li><li>
- Publicity Covenant. For a period commencing on the Effective Date and
- continuing through the expiration of the three (3) year period
- following the termination of this Agreement, you represent and warrant
- that you shall not issue any press release or make any other public
- communication with respect to this Agreement or your use of the Linode
- Services without our prior written consent, which consent may be
- withheld for any reason or for no reason. You shall not misrepresent or
+ Publicity Covenant. You shall not misrepresent or
embellish the relationship between us and you (including by expressing
or implying that we support, sponsor, endorse, or contribute to you or
your business endeavors), or express or imply any relationship or
@@ -691,9 +691,10 @@
address, credit card number and expiration date, e-mail address, and
source
</li><li>
- "Effective Date" means the date in which you complete your Account
- Registration and accept and execute this Agreement in the manner
- proscribed
+ "Effective Date" means, as applicable, (i) May 25, 2018, if you clicked
+ and accepted this Agreement prior to May 25, 2018; or (ii) the date on
+ which you clicked and accepted this Agreement if such date is after
+ May 25, 2018.
</li><li>
"End User(s)" means any individual or entity that directly or
indirectly accesses or uses your Account, Customer Data or the Linode
@@ -712,7 +713,7 @@
personal data and on the free movement of such data);
</li><li>
"EU Model Contract" means the Data Processor Agreement and the Standard
- Contractual Clause C(201)593 issued by the European Union European
+ Contractual Clause C(2010)593 issued by the European Union European
Commission, Directorate of General Justice as provided by us to our
Customers in the European Economic Area.
</li><li>
+ <p>
+ The following Privacy Policy will apply to the use of any Linode service
+ beginning on May 25, 2018, though you are invited to review and accept its
+ terms at any time before such date.
+ </p>
<p>
Linode LLC ("Linode," "we," "us," or "our") respects your privacy and is
committed to protecting the Personal Data it collects. The purpose of this
@@ -45,7 +50,7 @@
<li>What Personal Data is Collected by Linode?
<p>
Linode considers any information that can be used to directly or indirectly
- identify you to be Personal Data, including without limitation, Personal Data is
+ identify you to be Personal Data, including without limitation, Personal Data that is
accessed, collected, maintained, transmitted and/or used by Linode in the normal
course of our business, and is subject to the provisions of this Privacy Policy
and applicable law.
@@ -305,39 +310,8 @@
</p>
<p>
In addition to its obligations under US law, Linode supplements the protection
- of the international transfer of your Personal Data in the following ways:
- <ul>
- <li>
- <em>EU-US Privacy Shield.</em> The European Union – US Privacy Shield Framework ("EU-US
- Privacy Shield") is an international agreement between the European Union ("EU")
- and the US regarding the collection, use, and retention of personal information
- transferred from the European Economic Area to US data processors. The EU-US
- Privacy Shield is administered by the United States Department of Commerce and
- governed by the EU-US Privacy Shield Framework Principles. Linode participates
- and complies with the EU-US Privacy Shield, and agrees that all cross border
- transfers of Personal Data from the European Economic Area are subject to the
- EU-US Privacy Shield Principles. In the event of a conflict between the terms in
- this Privacy Policy and the EU-US Privacy Shield Principles, the EU-US Privacy
- Shield Principles shall govern. To learn more about the Privacy Shield and to
- view Linode's EU-US Privacy Shield certification, please visit
- <a href="https://www.privacyshield.gov">https://www.privacyshield.gov</a>.
- </li>
- <li>
- <em>Swiss-US Privacy Shield.</em> The Switzerland – US Privacy Shield Framework
- ("Swiss-US Privacy Shield") is an international agreement between Switzerland
- and the US regarding the collection, use, and retention of personal information
- transferred from the Switzerland to US data processors. The Swiss-US Privacy
- Shield is administer by the United States Department of Commerce and governed by
- the Swiss-US Privacy Shield Framework Principles. Linode participates and
- complies with the Swiss-US Privacy Shield, and agrees that all cross border
- transfers of Personal Data from Switzerland are subject to the Swiss-US Privacy
- Shield Principles. In the event of a conflict between the terms in this Privacy
- Policy and the Swiss-US Privacy Shield Principles, the EU-US Privacy Shield
- Principles shall govern. To learn more about the Privacy Shield and to view
- Linode's Swiss-US Privacy Shield certification, please visit
- <a href="https://www.privacyshield.gov">https://www.privacyshield.gov</a>.
- </li>
- </ul>
+ of the international transfer of your Personal Data by observing numerous industry
+ best practices.
</p>
</li>
@@ -387,9 +361,10 @@
accordance with this policy.
</p>
<p>
- If we are unable to resolve your complaint regarding this Privacy Policy in a
- satisfactory manner, please contact our US based third party dispute resolution
- provider by clicking <a href="https://feedback-form.truste.com/watchdog/request">here</a>.
+ If you have an unresolved privacy or data use concern that we have not addressed
+ satisfactorily, please contact our U.S.-based third party dispute resolution
+ provider <strong>(free of charge)</strong> at
+ <a href="https://feedback-form.truste.com/watchdog/request">https://feedback-form.truste.com/watchdog/request</a>.
</p>
</li>
@@ -397,9 +372,19 @@
<p>
If you believe your Personal Data has been used in a way that is not consistent
with this Privacy Policy, or if you have further questions regarding this
- Privacy Policy, please contact our Custodian of Records by filling out
- <a href="https://www.linode.com/legal/privacy_form">this form</a> or by writing us
- at the following address:
+ Privacy Policy, please contact our Custodian of Records
+
+ <a href="mailto:privacy@linode.com?subject=Data%20Privacy%20Inquiry&body=%28Please%20fill%2Dout%20these%20fields%2C%20then%20add%20your%20comment%2C%20question%2C%20or%20issue%20below%29%0AName%3A%20%0ACountry%3A%20%0ACompany%3A%20%0A%0AComment%3A%20">via email</a>
+
+ or by writing us at the following address:
</p>
<p>
<address>
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