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Privacy Policy

Who We Are and What This Policy Covers

This Privacy Policy applies to information that we collect about you when you use:

  • Our websites (including YakData.com, brightRserver.com, other domains hosted by YakData on behalf of customer requests using YakData services); and
  • Other users’ websites that use our Services, while you are logged in to your account with us.

Throughout this Privacy Policy we’ll refer to our websites and other products and services collectively as “Services.” Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.

Information We Collect

We only collect information about you if we have a reason to do so — for example, to provide our Services, to communicate with you, or to make our Services better. We collect this information from three sources: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.

Information You Provide to Us

It’s probably no surprise that we collect information that you provide to us directly. Here are some examples:

  • Basic account information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for a YakData.com or brightRserver.com account to provide an email address and password, along with a username or name.
  • Public profile information: If you have an account with us, we collect the information that you provide for your public profile. For example, if you have a YakData.com or brightRserver.com account, your username is part of that public profile, along with any other information you put into your public profile, like a photo or an “About Me” description. Your public profile information is just that — public if your admin team releases content publicly — so please keep that in mind when deciding what information you would like to include.
  • Payment and contact information: If you buy something from us, we’ll collect information to process those payments and contact you. If you buy something from us such as a monthly or annual subscription, you’ll provide additional personal and payment information like your name, credit card information, and contact information. We also keep a record of the purchases you’ve made. You may also provide us with financial details to set up a payment’s integration, like the email address for your Stripe or PayPal account or your bank account information.
  • Content information: You might provide us with information about you in draft and published content (a blog post or comment that includes biographic information about you, or any media or files you upload).
  • Credentials: Depending on the Services you use, you may provide us with credentials for your hosted website or database or third-party API service (like SSH, FTP, and SFTP username and password or database username and password or API keys).
  • Communications with us: You may also provide us with information when you respond to surveys, communicate with our support team about a support question, post a question in our public forums, or sign up for a newsletter. When you communicate with us via form, email, phone, YakData.com or brightRserver.com comment, or otherwise, we store a copy of our communications (including any call recordings as permitted by applicable law).

Information We Collect Automatically

We also collect some information automatically:

  • Log information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services — for example, when you create or make changes to your website, data, analyses or other services on YakData.com or brightRserver.com.
  • Usage information: We collect information about your usage of our Services. For example, we collect information about the actions that site administrators and users perform on a site using our YakData.com or brightRserver.com — in other words, who did what and when (e.g., [YakData.com or brightRserver.com username] deleted “[title of post]” at [time/date]). We also collect information about what happens when you use our Services (e.g., server performance, analysis performance, page views, support searches, features enabled for your website or server, interactions with our admin services and other parts of our Services) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, get insights on how people use our Services so we can make our Services better, and understand and make predictions about user retention.
  • Third-Party Data Collection: We may utilize third-party services to measure interactions with our services. For example, we may utilize Google Analytics and Google Recaptcha on non-subscription servers provided by YakData. Third-party systems may have the ability to correlate your behaviors beyond our services with other systems you use beyond the control of YakData.
  • Location information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our mobile apps (like when you post a photograph with location information) if you allow us to do so through your mobile device operating system’s permissions.
  • Stored information: We may access information stored on your mobile device via our mobile apps. We access this stored information through your device operating system’s permissions. For example, if you give us permission to access the photographs on your mobile device’s camera roll, our Services may access the photos stored on your device when you upload a really amazing photograph of the sunrise to your website.
  • Interactions with other users’ sites: We collect some information about your interactions with other users’ sites while you are logged in to your account with us, such as your “Likes” and the fact that you commented on a particular post, so that we can, for example, recommend posts we think may interest you.
  • Information from cookies & other technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. YakData uses cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness and to deliver targeted ads. For more information about our use of cookies and other technologies for tracking, including how you can control the use of cookies, please see our Cookie Policy.

Information We Collect from Other Sources

We may also get information about you from other sources. For example, if you create or log in to your YakData.com or brightRserver.com account through another service (like Google) or if you connect your website or account to a social media service (like Twitter), we’ll receive information from that service (e.g., your username, basic profile information, friends list) via the authorization procedures for that service. The information we receive depends on which services you use or authorize and what options are available. Third-party services may also give us information, like mailing addresses for individuals who are not yet our users (but we hope will be!). We use this information for marketing purposes like postcards and other mailers advertising our Services.

How and Why We Use Information

Purposes for Using Information

We use information about you for the purposes listed below:

  • To provide our Services. For example, to set up and maintain your account, host your website, perform backup and restore services, provide customer service, process payments and orders, and verify user information.
  • To ensure quality, maintain safety, and improve our Services. For example, by providing automatic upgrades and new versions of our Services. Or, for example, by monitoring and analyzing how users interact with our Services so we can create new features that we think our users will enjoy and that will help them create and manage websites more efficiently or make our Services easier to use.
  • To market our Services and measure, gauge, and improve the effectiveness of our marketing. For example, by targeting our marketing messages to groups of our users (like those who have a particular plan with us or have been users for a certain length of time), advertising our Services, analyzing the results of our marketing campaigns (like how many people purchased a paid plan after receiving a marketing message), and understanding and forecasting user retention.
  • To protect our Services, our users, and the public. For example, by detecting security incidents; detecting and protecting against malicious, deceptive, fraudulent, or illegal activity; fighting spam; complying with our legal obligations; and protecting the rights and property of YakData and others, which may result in us, for example, declining a transaction or terminating Services.
  • To fix problems with our Services. For example, by monitoring, debugging, repairing, and preventing issues.
  • To communicate with you. For example, by emailing you to ask for your feedback, share tips for getting the most out of our products, or keep you up to date on YakData; texting you to verify your payment; or calling you to share offers and promotions that we think will be of interest to you. If you don’t want to hear from us, you can opt out of marketing communications. (If you opt out, we’ll still send you important updates relating to your account, your usage of our servers, etc.)

Legal Bases for Collecting and Using Information

A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that: (1) The use is necessary in order to fulfill our commitments to you under the applicable terms of service or other agreements with you or is necessary to administer your account — for example, in order to enable access to our website on your device or charge you for a paid plan; or (2) The use is necessary for compliance with a legal obligation; or (3) The use is necessary in order to protect your vital interests or those of another person; or (4) We have a legitimate interest in using your information — for example, to provide and update our Services; to improve our Services so that we can offer you an even better user experience; to safeguard our Services; to communicate with you; to measure, gauge, and improve the effectiveness of our advertising; and to understand our user retention and attrition; to monitor and prevent any problems with our Services; and to personalize your experience; or (5) You have given us your consent — for example before we place certain cookies on your device and access and analyze them later on, as described in our Cookie Policy.

Sharing Information

How We Share Information

We share information about you in limited circumstances, and with appropriate safeguards on your privacy.

  • Subsidiaries and independent contractors: We may disclose information about you to our subsidiaries and independent contractors who need the information to help us provide our Services or process the information on our behalf.
  • Third-party vendors: We may share information about you with third-party vendors who need the information in order to provide their services to us, or to provide their services to you or your site. This includes vendors that help us provide our Services to you (like Stripe, payment providers that process your credit and debit card information, payment providers you use for your own eCommerce operations, fraud prevention services that allow us to analyze fraudulent payment transactions, our hosting providers, cloud storage services, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, registrars, registries, data escrow services that allow us to provide domain registration services, and your hosting provider if your site is not hosted by YakData); those that assist us with our marketing efforts (e.g., by providing tools for identifying a specific marketing target group or improving our marketing campaigns, and by placing ads to market our services); those that help us understand and enhance our Services (like analytics providers); those that make tools to help us run our operations (like programs that help us with task management, scheduling, word processing, email and other communications, and collaboration among our teams); other third-party tools that help us manage operations; and companies that make products available on our websites, who may need information about you in order to, for example, provide technical or other support services to you.
  • Legal and regulatory requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request. Additionally, if you have a domain registered with YakData.com or brightRserver.com, we may share your information to comply with the Internet Corporation for Assigned Names and Numbers’ (ICANN) regulations, rules, or policies. For example, your information relating to your domain registration may be available in the WHOIS database, or we may be required to share your information with ICANN-approved Dispute Resolution Service Providers.
  • To protect rights, property, and others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of YakData, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
  • With your consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties when you authorize us to do so.
  • Aggregated or de-identified information: We may share information that has been aggregated or de-identified, so that it can no longer reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services, or share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
  • Site owners: If you have a YakData.com or brightRserver.com account and interact with another site using our Services, your information may be shared with the administrators of the site. For example, if you leave a comment on a site created on YakData.com or brightRserver.com, your IP address and the email address associated with your YakData.com or brightRserver.com account may be shared with the administrator(s) of the site where you left the comment.
  • Published support requests: If you send us a request for assistance (for example, via a support email or one of our other feedback mechanisms), we reserve the right to publish that request in order to clarify or respond to your request, or to help us support other users. If you contact us in a public forum, we will not attempt to conceal your personal details as you implicitly shared them by contacting us in a public forum.

We have a policy that we do not sell our users’ data. We aren’t a data broker, we don’t sell your personal information to data brokers, and we don’t sell your information to other companies that want to spam you with marketing emails.

Information Shared Publicly

Information that you choose to make public is — you guessed it — disclosed publicly. That means information like your public profile, posts, other content that you make public on your website, and your “Likes” and comments on other websites are all available to others. For example, the photo that you upload to your public profile, or a default image if you haven’t uploaded one, is your Globally Recognized Avatar, or Gravatar — get it? 🙂 Your Gravatar, along with other public profile information, displays alongside the comments and “Likes” that you make on other users’ websites while logged in to your YakData.com or brightRserver.com account. Your Gravatar and public profile information may also display with your comments, “Likes,” and other interactions on websites that use our Gravatar service, if the email address associated with your account is the same email address you use on the other website. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share publicly.

How Long We Keep Information

We generally discard information about you when it’s no longer needed for the purposes for which we collect and use it — described in the section above on How and Why We Use Information — and we’re not legally required to keep it. For example, we may keep the web server logs that record information about a visitor to one of YakData’s websites, like the visitor’s IP address, browser type, and operating system indefinitely. We retain the logs in order to, among other things, analyze traffic to YakData’s websites and investigate issues if something goes wrong on one of our websites. Deleted content may remain on our backups and caches until purged as reasonable, based on our business needs.

Security

While no online service is 100% secure, we work to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. We monitor our Services for potential vulnerabilities and attacks.

Creative Commons Sharealike License

This Privacy Policy is adapted from the Creative Commons licensed project “Automattic/legalmattic” and as such is available for use/adaptation under the “Creative Commons Attribution-ShareAlike 4.0 International Public License.”

Choices

You have several choices available when it comes to information about you:

  • Limit the information that you provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services — for example, premium themes that carry an additional charge — may not be accessible.
  • Opt out of marketing communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
  • Set your browser to reject cookies: At this time, YakData does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using YakData’s websites, with the drawback that certain features of YakData’s websites may not function properly without the aid of cookies.
  • Close your account: While we’d be sad to see you go, you can close your account if you no longer want to use our Services. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above — for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.

Your Rights

If you are located in certain parts of the world, including California and countries that fall under the scope of the European General Data Protection Regulation (aka the “GDPR”), you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.

European General Data Protection Regulation (GDPR)

If you are located in a country that falls under the scope of the GDPR, data protection laws give you certain rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

  • Request access to your personal data;
  • Request correction or deletion of your personal data;
  • Object to our use and processing of your personal data;
  • Request that we limit our use and processing of your personal data; and
  • Request portability of your personal data.

You also have the right to make a complaint to a government supervisory authority.

California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it. The CCPA also requires us to provide a list of the “categories” of personal information we collect, as that term is defined in the law, so, here it is. We collect the following categories of personal information from California residents, depending on the Services used:

  • Identifiers (like your name, contact information, and device and online identifiers);
  • Commercial information (your billing information and purchase history, for example);
  • Characteristics protected by law (for example, you might provide your gender as part of a research survey for us);
  • Internet or other electronic network activity information (such as your usage of our Services, like the actions you take as an administrator of a YakData.com or brightRserver.com site);
  • Geolocation data (such as your location based on your IP address);
  • Audio, electronic, visual or similar information (such as your profile picture, if you uploaded one);
  • Professional or employment-related information (for example, your company and team information if you submit a job application); and
  • Inferences we make (such as likelihood of retention or attrition).

You can find more information about what we collect and sources of that information in the Information We Collect section above. We collect personal information for the business and commercial purposes described in the How and Why We Use Information section. And we share this information with the categories of third parties described in the Sharing Information section. If you are a California resident, you have additional rights under the CCPA, subject to any exemptions provided by the law, including the right to:

  • Request to know the categories of personal information we collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, the categories of third parties we share it with, and the specific pieces of information we collect about you;
  • Request deletion of personal information we collect or maintain;
  • Opt out of any sale of personal information; and
  • Not receive discriminatory treatment for exercising your rights under the CCPA.

Controllers and Responsible Companies

YakData’s Services are worldwide.

YakData LLC, a Florida limited liability private company
101 S Eola Dr
#1110
Orlando, FL 32801

Other Things You Should Know

Third-Party Software and Services

If your server uses third-party services, packages of libraries, or other third-party software or services, please keep in mind that interacting with them may mean providing information about yourself (or your site visitors) to those third parties. For example, some third-party services may request or require access to your (yours, your visitors’, or customers’) data via a pixel or cookie. Please note that if you use the third-party service or grant access, your data will be handled in accordance with the third party’s privacy policy and practices. We don’t own or control these third parties, and they have their own rules about information collection, use, and sharing, which you should review before using the software or services.

Visitors to Our Users’ Websites

We also process information about visitors to our users’ websites, on behalf of our users and in accordance with our user agreements. Please note that our processing of that information on behalf of our users for their websites isn’t covered by this Privacy Policy. Users control the content posted on their sites, so any disputes regarding content on a user’s site should be made directly to the site owner.

Privacy Policy Changes

YakData may change its Privacy Policy from time to time. YakData encourages visitors to frequently check this page for any changes to its Privacy Policy. If we make changes, we will notify you by revising the change log below. Your further use of the Services after a change to our Privacy Policy will be subject to the updated policy.

Change Log

Version 1.0.0 – September 20, 2020