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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> |
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+ <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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