Introduction

FUNIO provides high-performance hosting services including, managed hosting, cloud, domains, SSL certificates across a network of data centers. FUNIO customers may use FUNIO services to store, transmit, encrypt, decrypt, modify, process and otherwise manipulate or transmit data. In most cases, FUNIO does not directly control how its services and infrastructure are utilized and what information is stored on or transmitted through such infrastructure.

Certain of this data may constitute protected “personal data” as that term is defined in the E.U. General Data Protection Regulation (“GDPR”). In addition, certain of the FUNIO services may constitute “processing” as that term is defined in GDPR. As such, GDPR may apply to FUNIO in certain circumstances, depending on the services provided and data stored.

The following disclosures concerning FUNIO’s compliance with GDPR are presented for informational and compliance purposes only. Nothing in these disclosures constitutes a representation that any particular data or service is governed or subject to GDPR, nor do these disclosures represent or constitute any contract or undertaking with any customer or prospective customer.

Effective Date of GDPR

GDPR is set to take effect on May 25, 2018. On and after that date, FUNIO will comply with GDPR to the extent applicable.

FUNIO’s Status Under GDPR

Under GDPR, FUNIO may be designated as (i) a “controller” subject to GDPR with respect to certain data sets; (ii) a “processor” subject to GDPR with respect to certain data sets; or (iii) not subject to GDPR for certain data sets.

Processor

If GDPR applies, in most cases, FUNIO will be a “processor.” This means that FUNIO will store or perform some other set of operations on a data set that contains “personal data” for a customer, at the customer’s written direction.

Example: FUNIO provides managed services hosting to Customer A, a retailer based in France. This customer stores shoppers’ names, birthdates, email addresses and credit card information and many of these shoppers are EU citizens. Customer A is a “controller” of the shopper data. In connection with the managed services hosting, FUNIO has logical access to the shopper data, and therefore, FUNIO is a “processor” of the shopper data. FUNIO processes data for Customer A pursuant to a processor agreement.

Controller

FUNIO also collects and stores contract information, payment information, employee records, and other information for the purposes of conducting business, marketing, employment, and more. In these cases, FUNIO is a controller of data.

Example: FUNIO enters into a contractual agreement with Customer B concerning the use of colocation space. Customer B is based in the E.U. FUNIO receives personal information regarding employees of Customer B during negotiations, including the employees’ work email addresses. FUNIO is a “controller” of this data.

GDPR Does Not Apply

For other relationships, GDPR will not apply, either because the data does not constitute protected data, or because the customer is not subject to GDPR.

Example: A US-based customer purchases managed hosting services for marketing data concerning US citizens. GDPR does not apply.

Example: An EU-based customer purchases colocation services from FUNIO. FUNIO does not have logical access to any customer data. FUNIO does not have a login, passwords, or any other data, and cannot access the server. FUNIO provides only physical security of the actual machine storing the data. FUNIO is not a data processor because FUNIO does not perform any operation on the customer’s data. It is not necessary to execute a processor agreement with FUNIO under GDPR.

Example: An EU-based customer purchases network services from FUNIO. FUNIO does not have logical access to any customer data in connection with network services. It is not necessary to execute a processor agreement with FUNIO under GDPR, because FUNIO is acting as a “mere conduit” of the data and is not considered a processor of the data (See GDPR Article 2[4]).

FUNIO Responsibilities

Security: FUNIO implements standard up-to- date security measures to secure the environment and connections through which FUNIO provides its services. FUNIO can deliver additional and/or alternative measures upon customer’s request.

Disclosure: FUNIO will not disclose any information to any third party unless authorized by law, or authorized by either the data subject, controller, or processor as the case may be.

FUNIO Compliance as Processor

If FUNIO is a “processor” under GDPR for a particular data set, FUNIO will enter into a processor agreement or data processor addendum. This agreement is required by GDPR and governs the terms of FUNIO’s processing of the protected data at issue.

FUNIO Compliance as Controller

If FUNIO is a “controller” under GDPR, FUNIO will comply with applicable GDPR obligations. These include, but are not limited to the following:

GDPR Compliance

To ensure GDPR Compliance, FUNIO undertakes the following:

For any further questions regarding this notification or FUNIO’s compliance with GDPR more generally, please contact us at: contact@funio.com. Please be advised that FUNIO cannot respond to any questions regarding your status as a controller or processor.

Data Subject Notifications

As set forth above, in certain instances FUNIO will act as a controller under GDPR. Article 13 and 14 of GDPR require FUNIO to provide certain information to data subjects when collecting their personal data directly from them or from third parties (such as an employer).

This summary is for informational purposes only, and is qualified in its entirety by applicable privacy policies and terms of use provided elsewhere on this website and by FUNIO affiliates. In the event of conflict, the terms of the applicable privacy policy or terms of use shall govern.

Identity of the Controller

FUNIO and/or any of its domestic and foreign subsidiaries will constitute the controller for GDPR purposes in the event that the data in question is personal data under GDPR and is collected by FUNIO. If you have any questions or concerns regarding collection of your personal data, please contact contact@funio.com.

Purposes of Processing of Data

FUNIO may utilize personal data in a number of ways in order to meet obligations under various agreements, to pursue legitimate interests such as facilitating services pursuant to contractual agreements with entities, including providing services such as colocation, managed hosting, cloud, and network services. The legal basis for this processing generally will be that it is necessary for the legitimate interests outlined above, but other bases may include compliance with legal obligations or consent.

Recipients of Data

The recipients of personal data will depend in large part on the services being provided that require the processing of personal data. In many cases, the only recipients of such data will be employees of FUNIO who have committed themselves to confidentiality. In other cases, FUNIO may transmit such data to processors or other controllers as necessary to meet FUNIO’s obligations.

Transfer Outside of EU/EEA

FUNIO may transfer personal data outside of the European Union or European Economic Area. When FUNIO does this, appropriate safeguards will be in place, such as Privacy Shield accreditation or the insertion of approved model clauses. FUNIO will only transfer personal data to foreign controllers and processors who meet these standards.

Duration of Storage

FUNIO will only store your data as long as required by the basis for processing. For example, FUNIO will only store personal data that is being processed pursuant to FUNIO’s legitimate interest so long as such interest is present. If FUNIO is processing personal data based on consent, that consent may be withdrawn by you at any time. Please contact contact@funio.com to withdraw such consent.

Your Rights as a Data Subject

FUNIO is committed to fulfilling its obligations concerning the exercise of your rights under GDPR. Please be advised that you have the following rights under GDPR (to the extent GDPR applies to your personal data):

Last Revised: April 2018