We may collect and receive information about users of our Services (“users,” “you,” or “your”) from various sources, including: (i) information you provide through your user account on the Services (your “Account”) if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners.
1. Information We Collect
Information You Provide
I. Account Registration. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number. If you choose to refer a friend to our Services, we may also collect your friend’s email address so that we may send them a referral or promotional code to sign up for our Services.\
II. Payment Information. When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.
III. User Content. Our “Community” feature allows you to publicly post content on our Services. By registering for our Community, you agree that your profile information and the content you post may be viewed and used by other users and third parties we do not control.
IV. Communications. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
Information We Collect When You Use Our Services.
I. Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services.
Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area (“EEA”), the information referenced above in this paragraph may be considered personal information under applicable data protection laws.
II. Usage of our Services. When you use our Services, we may collect information about your engagement with and utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of our Services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
Information We Receive from Third Parties.
I. Third-Party Accounts. If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
2. How We Use Information
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our Services;
- Improve, personalize, and expand our Services;
- Understand and analyze how you use our Services;
- Develop new products, services, features, and functionality;
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes;
- Process your transactions;
- Send you text messages and push notifications;
- Find and prevent fraud; and
- For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
3. How We Share Information
We may share the information we collect in various ways, including the following:
- Vendors and Service Providers. We may share information with third-party vendors and service providers that provide services on our behalf, such as helping to provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to you such as product announcements, software updates, special offers, or other information.
- Aggregate Information. Where legally permissible, we may use and share information about users with our partners in aggregated or de-identified form that can’t reasonably be used to identify you.
- Advertising. We work with third-party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags, and similar technologies on our Services, and they may otherwise collect or have access to information about you which they may collect over time and across different online services. Some of our advertising partners are members of the Network Advertising Initiative or the Digital Advertising Alliance. To learn more about these programs, or opt-out of personalized ads, visit the Digital Advertising Alliance’s Self-Regulatory program for Online Behavioral Advertising at www.aboutads.info, or the Network Advertising Initiative at www.networkadvertising.org.
- Third-Party Partners. We also share information about users with third-party partners in order to receive additional publicly available information about you.
- Information We Share When You Sign Up Through a Referral. If you sign up for our Services through a referral from a friend, we may share information with your referrer to let them know that you used their referral to sign up for our Services.
- Business Transfers. Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
- With Your Consent. We may share information with your consent.
4. Legal Basis for Processing Personal Information
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
5. Third-party Services
You may access other third-party services through the Services, for example by clicking on links to those third-party services from within the Services. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies.
Dainty Cloud Inc is committed to protecting your information. To do so, we employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please bear in mind that the Internet cannot be guaranteed to be 100% secure.
7. Data Retention
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing [email protected]. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit Dainty Cloud Inc’s ability to comply with a legal obligation; inhibit Dainty Cloud Inc’s ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Dainty Cloud Inc or a third party.
9. Your Data Protection Rights Under the General Data Protection Regulation (GDPR)
If you are a resident of the EEA, you have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing [email protected].
- In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing [email protected].
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing [email protected].
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
10. Your Choices
You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.
You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes.
11. Children’s Privacy
13. International Data Transfers
EU-U.S. and Swiss-U.S. Privacy Shield. For personal data we receive from the EEA and Switzerland, Dainty Cloud Inc has certified its compliance to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from such countries. To access the Privacy Shield List and to find details of our certification, please visit: https://www.privacyshield.gov/.
Dainty Cloud Inc currently utilizes Standard Contractual Clauses in connection with transfers of data from the EEA to the US insofar as the EU-US Privacy Shield is deemed invalidated and other means are not yet in place. Please also refer to our GDPR FAQ and Data Processing Agreement for more information about data transfers.
14. Backups and Data Loss
Your use of the service is at your sole risk. Dainty Cloud Inc is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Dainty Cloud servers.
15. Abuse Policies
Sending of bulk unsolicited commercial email (spam), is not allowed and will not be tolerated. Customers using the Dainty Cloud Inc network may not send, or allow to be sent, via open relay or other means, unsolicited commercial email. Running a legitimate opt-in mailing list, or emailing existing customers, is of course, allowed. Although we may provide some opportunity to rectify spam problems that are not intentional on the part of the customer, ultimately, every customer is responsible for the activity that occurs via the services that they are paying for.
Thus, customers who receive an occasional spam complaint but who do not appear to be knowingly sending spam, may be given notice to correct the issue, but repeated offenses may be grounds for service suspension. During any notice period given (if any), steps may be taken by Dainty Cloud Inc as necessary to stop spam from being sent by the customer’s services, including temporarily suspending service, firewalling certain traffic, or other appropriate means.
Customers who are, as determined by Dainty Cloud Inc, knowingly sending spam may have their service permanently suspended without refund. Operating websites or services on the Dainty Cloud Inc network, that are being or have been advertised in spam, are also not allowed, and are subject to the same policies as applied to services used to send spam. If customer’s improper actions or inactions are the cause of Dainty Cloud Inc ip space being listed in any spam blacklist or database, that customer may be permanently suspended without refund, at the sole discretion of Dainty Cloud Inc.
Refund Policy: We do not offer any form of refunds on our VPS servers. This is specified in the refund policy. We support service upgrade, service downgrade, change IP address for VPS. VPS Servers is a special digital service, so there is no refund policy on delivery that matches the service description. Abuse of the refund policy will not be handled by Dainty Cloud Inc.
Denial of Service Attacks:
In no case may Dainty Cloud Inc’s services be used to conduct an attack on other networks or hosts, in any capacity. Doing so may result in permanent service suspension without refund. If DoS attacks are made against a customer’s services, our first priority is to take steps to mitigate the impact to other customers, which may include null routing the affected ip address(es), or otherwise suspending the service being attacked. In the case that an attack does not affect other customers or the Dainty Cloud Inc network, the service being attacked will normally not be taken offline or suspended. Customers who are the target of frequent or repeated denial of service attacks, if those attacks negatively impact the Dainty Cloud network or its customers, may have the services affected by these attacks permanently suspended. Dainty Cloud Inc reserves the right to disallow the usage of internet services that are frequent targets of DoS attacks, such as IRC.
Accounts, passwords, and other private information are provided for customer’s use only. The customer is responsible for any use of their services or accounts, and is therefore responsible for maintaining the security of their accounts and passwords. Dainty Cloud Inc will only ask for a user’s password in response to a support ticket submitted via our secured ticketing system. At no other time should you give your username or password to anybody.
Running websites that attempt to steal a user’s login information or other personal data (phishing sites) is strictly prohibited. Users who unknowingly host these sites must take them down immediately, and their service may be temporarily suspended until action is taken to rectify the situation. Users who repeatedly host phishing sites, risk having their service permanently suspended. Users who, as determined by Dainty Cloud Inc, intentionally host phishing sites using Dainty Cloud Inc services may have their service permanently suspended without refund, at our sole discretion.
Dainty Cloud Inc services may only be used for legally permissible purposes under applicable law. Violations of this rule may lead to temporary or permanent suspension of service, with or without refund, and / or notification of appropriate law enforcement, at Dainty Cloud Inc’s sole discretion. Uses that are not allowed include, but are not limited to:
- Illegally defaming or slandering another person or group
- Violating applicable copyright law
- Distributing child pornography
- Transmitting threatening messages
- Violating applicable trademark or patent law
- Using the service to commit denial of service attacks
- Attempting to hack into or otherwise attempt to disrupt any network or system not belonging to you
- Committing any action which incurs legal liability for Dainty Cloud Inc
- Acting in any other way not consistent with applicable law
Our VPS plans have different virtualization platforms which work best for the specified OS and with the agreements with Microsoft, it’s not allowed to install Linux on our Windows VPS and install Windows on Linux VPS. Violations of this rule may lead to temporary or permanent suspension of service without refund, and / or notification of appropriate law enforcement, at Dainty Cloud Inc’s sole discretion.
Dainty Cloud Inc allows and encourages our customers to sell / resell hosting services using the services that we provide to you. The only stipulation is, that you or your employees or agents are responsible for first level technical support and billing for your customers. Any issues that require interaction with our technical support team must be raised in our help desk by yourself or your employees, and not directly by your customers. Even when reselling service to others, resellers are responsible for the actions taken on the services they are paying for, including bandwidth overages, or violations of the terms of service. We can provide some flexibility for resellers, insofar as cancellation of one service for abuse may not require us to cancel the reseller’s other services, as would normally be required for regular customers.