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Personal Data and General Confidentiality Agreement

HomepagePersonal Data and General Confidentiality Agreement

Who We Are

Pear Web Host, Pear Web, Pear Host, which trades under the name Pear Media Inc. (together with its agents, representatives, consultants, employees, officers, and directors — collectively, “Pear Media Inc.”, “we”, or “us”) provides web hosting, domain name, website creation, website security, and online marketing services. We are a Canadian corporation based in Alberta, Canada.

How This Policy Applies

This Privacy Policy describes the information we collect from you, how we use that information, and our legal basis for doing so. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide to us.

Your Consent

By using our website, products, or services, you’re acknowledging that you have agreed to our Terms of Service and Acceptable Use Policy, that you have read and understood this Privacy Policy, and that you consent to your information being used for the purposes and for the manner described in this Privacy Policy. For children under the age of 16 to order or use our products or services, a parent or legal guardian must provide the above-mentioned consents on their behalf.

You may withdraw your consent to our management of your personal information, at any time, subject to legal and contractual restrictions, upon reasonable notice. However, such a withdrawal may reduce our ability to provide you with certain products and services. For more information on the implications of withdrawing your consent or to notify us of the withdrawal of your consent, please contact us.

What We Collect and Receive

For you to use our website, products, and services, we need to collect and process certain information. Depending on your use of our website, products, and services, this may include the following types of information.

General personal information

  • Information you provide by completing forms on our website — your name, company name, email and mailing addresses, telephone number, login, and password details. We may ask you for this information if you register for an account on our website, order our products or services, subscribe to our newsletter, login to our online “Client Area”, upload or submit content through our website (including the “Client Area”), or if you contact us.
  • Information you provide for identity verification purposes when contacting us or for the purposes of processing your payment. In some cases, our payment processor will request that you provide additional personal information to confirm your identity before payment can be processed.
  • For certain domain name products and services, we may request your residency status or whether you are a member of certain organisations. This information is required by certain domain name registries (e.g., Canadian Internet Registration Authority) for the purposes of registering your chosen domain name(s) with the registry.

Payment information

  • Details of any transactions you make through our website, products, or services. As part of a transaction, we may collect payment information, including credit card or bank account details (as applicable), expiration date, and country, which we require for payment processing, tax, and regulatory purposes.
  • We partner with other companies (such as Stripe, Paypal) for payment processing, and the payment information you submit is processed by them in accordance with their privacy policies.

Statistical and cookie information

  • Statistical information about the way visitors and users interact with our website, products, and services, in the form of website traffic analytics (i.e., Google Analytics). The analytics engine passively gathers visitor and user information, including your IP address; the type of device, operating system, and browser you use; and your activity on our website. This information helps us to improve our website, products, and services, allowing us to provide you with a more friendly and secure user experience. You can opt out of having your data used by Google Analytics here.
  • Cookies are small data files that are issued to your device when you visit a website and that store information about your use of the website. URL query strings are small amounts of data transmitted as part of a URL (e.g., website address) when you click on a hyperlink or submit a form in an internet browser.
  • We use cookies and other technologies (e.g., URL query strings) to help recognize you as a repeat visitor, to process items in your shopping cart, to recognize affiliates, to save your preferences for future visits to our website, and to compile aggregate statistical data about website traffic and interactions (see above), allowing us to provide you with a more friendly and secure user experience.
  • Cookies are stored in your device memory either over the long-term (e.g., to retain your website preferences from visit-to-visit) or as a temporary file which will be cleared from your device memory when you close your internet browser. You may choose to turn off the use of cookies via your internet browser preferences; however, our website, products, and services may no longer function properly if you choose to turn off the use of cookies. You may still place orders over the telephone or by otherwise contacting Customer Service.

Communication history information

  • Communications you send to us (e.g., technical support tickets, questions, or feedback).

Sensitive personal information

  • We ask that you do not send or disclose to us any sensitive personal information, including social insurance or social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership.

User content

  • User content uploaded, collected, stored, used, transferred, or disclosed in connection with our website, products, or services. Such content includes website and email content in connection with our web hosting, website creation, website security, email solutions and marketing products and services.

Career opportunities

  • If you use our career opportunities feature to apply for a job posted on our website or send us your application via email, we may collect your name, email address and any other information you provide, including your employment history.

How We Use This Information

We use the information we collect from you for the following purposes:

      • To enable us to provide you with our website, products, and services.
      • To process transactions in connection with our website, products, and services. After a transaction, your personal information (e.g., credit card or financial information) may be kept on file in order to facilitate automated renewals. You may request that your credit card or financial information be deleted from our system and files at any point by contacting us.
      • To create and administer your account, contact you, and customise your experience on our website or while using our products or services.
      • To keep your account secure and protect our website, products, and services (including to prevent fraud and abuse).
      • To restore your account or data where it was accidentally or maliciously deleted, corrupted, or otherwise damaged.
      • To improve customer service by helping us to more effectively respond to your customer service requests and support needs.
      • To help promote our website, products, and services, if you've voluntarily provided a testimonial or review.
      • To send you periodic emails concerning order information, product or service information, company news, promotions, and legal information.
      • To track and analyse use of our website, products, and services so we can improve them and provide you with the best experience possible.
      • To evaluate and respond to an application to a job posting.
      • To meet regulatory requirements (e.g., tax laws).

European Union Users

      Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Union. Our lawful bases include:
      • Performing the contract we have with you: We need your personal information to comply with our contractual obligation to deliver you our products or services.
      • Legal compliance: Sometimes the law says we need to collect and use your data. For example, tax laws require us to retain records of payments made for our products and services.
      • Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests. For example, we may use identity, device, and location information to prevent fraud and abuse and to keep our website, products, and services secure. We may also send you promotional communications about our products or services, subject to your right to control whether we do so.
      • We analyse how users interact with our website, products, and services so we can better understand which elements of the design are working well and which are not working so well. This allows us to develop and improve the quality of the online experience we offer to all our users.

How Your Information Is Shared

      We respect your privacy. We do not disclose, sell, trade, or otherwise transfer your personal information to third-parties without your prior consent, except as described below.

Information that is shared publicly

      We will not publicly display or reveal to other users your personally identifiable information without your explicit consent, except as described in this Privacy Policy. When you register for a domain name, we are obligated to transmit certain personal contact information (e.g., your name, address, telephone number, and email address) to the applicable domain name registrar for publication in the publicly accessible WHOIS database. Domain name registrants are required to provide and maintain accurate contact information in the WHOIS database. Unfortunately, as the WHOIS database is publicly accessible, it is a target for data harvesting by persons or organisations engaged in spam, fraud, and identity theft. Consequently, we offer you a Privacy Protection service that will shield your personal information by making us your WHOIS trustee and by listing the contact information of our privacy team instead of your own in the WHOIS database. The Privacy Protection service is available with most domain types during registration or transfer orders, but you may opt out by unselecting the service during the order process. We highly recommend against opting out, but should you do so or should you register a domain type that does not support Privacy Protection, you accept that your personal contact information will be publicly disclosed in the WHOIS database. We may use certain personal information for promotional purposes (e.g., testimonials on our website). When submitting testimonials through our website or our social media pages you agree that your name, testimonial and website address may be used without additional consent. We will not publicly disclose any of your sensitive information, including your account information, payment information, or personal contact information, without your explicit consent. Non-personally identifiable visitor and user information may be provided to other parties for marketing, advertising, analytics, or similar purposes.

Information that is shared with trusted third-party services

      We may share your information with certain trusted third-party services to help us provide, improve, promote, or protect our website, products, and services. When we share data with third-party services that support our delivery of our products and services, we require that they use your information only for the purposes we have authorised. We may also share information that is aggregated and anonymized in a way that it does not directly identify you.
      Our trusted third-party partners include:
      • Datacenter and data hosting providers.
      • Domain name registrars and registries (e.g., Namecheap, Canadian Internet Registration Authority).
      • Payment processors (e.g., Stripe, PayPal).
      • Server Software providers (e.g., cPanel).
      • Customer support service providers.
      • Website builder and search engine optimization service providers (e.g., Weebly, Wordpress).
      • SSL certificate and website protection service providers.
      • Email distribution and marketing service providers.
      • Analytics processors (e.g., Google Analytics).

Information shared in the context of a transaction

        We may also disclose your information as part of a business transaction, in connection with the proposed or actual financing, securitization, insuring, sale, assignment or other disposition in whole or in part of Pear Media Inc., or its business or assets, for the purposes of evaluating and/or executing the proposed transaction. Assignees or successors of Pear Media Inc., or its business or assets, may use and disclose your personal information for purposes similar to those described in this Privacy Policy.

Information that is shared to protect Pear Media Inc. and comply with the law

        We reserve the right to disclose personal information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect the rights, property, or safety of Pear Media Inc., its employees, users, or others.

Links to other websites and services

      Our website, products, or services may include links to other websites, products, or services (“

External Websites

      ”) whose privacy practices may differ from our own. When you use a link to an External Website, the privacy policy and data processing disclosures for that External Website govern. We assume no responsibility or liability for the interaction with and activities of an External Website. We seek to protect the integrity of our website, products, and services, and the safety of our users. We welcome any feedback that would help us do so, including feedback about External Websites.

Retention

      We will retain your information as long as your account is active, as is necessary to provide you with our products or services, or as otherwise set forth in this Privacy Policy. We will also retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and protect our legal rights.
      We may retain backups of your hosting account content for up to 9 months after your hosting service is cancelled or terminated. Backups may be used to restore your data or account in case the data or account is accidentally or maliciously deleted, corrupted, or otherwise damaged. If you wish your information to be deleted prior to the end of the above mentioned period, please contact us.
      We also collect and maintain aggregated, anonymized, or pseudonymized information which we may retain indefinitely to protect the safety and security of our website, products, and services, improve them, or comply with legal obligations.

Data Transfers

      Your personal information will be collected and stored on our server, except as otherwise described in this Privacy Policy. However, we work with trusted third-party service providers (e.g., domain name registrars and registries) around the world to provide you with our products and services. Consequently, some of your personal information may be transferred to other countries for processing. We conform to industry standards to help ensure that your privacy is protected and that any transfers of personal information are safeguarded during transit and at the recipient processor.
      These third-party countries have their own laws governing data protection and government access to information. The rules that protect your personal information under these laws may be different than in your home country. We ensure that our service providers comply with all applicable privacy laws, and implement contractual clauses imposing obligations on them. For more information about our data processing abroad, please contact us.
        If you choose to use our website, products, or services, you must agree to our Terms of Service, which set out the contract between Pear Media Inc. and you. Further, you consent to having the necessary personal information transferred to trusted third-party service providers, located in Canada and other countries, for processing to provide you with the products and services for which you have contracted us.

Your Rights

      Users residing in certain countries, including Canada and European Union member states, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include your ability to access, correct, and request deletion of your personal information. While these rights are not applicable globally, all users of our products or services can manage and revise their personal information in the “Client Area” on our website or by contacting Customer Service. We may request that you provide us with personal information to verify your identity before we can disclose, change, or delete any personal information related to your account.
      To modify or delete the personal information you have provided to us, or to manage your marketing email preferences, please log in to the “Client Area” and update your profile or contact Customer Service.
        To delete your account, please contact our Customer Service or create a ticket.
      . We may retain certain information as required by law or as necessary for our legitimate business purposes
      Residents of Canada and of European Union member states have the right to restrict or object to the processing of their personal information under certain circumstances (e.g., to contest the accuracy of the data). They have the right to object to processing of their personal information for direct marketing purposes. To exercise any of these rights, please contact us.
      Residents of European Union member states and Canada have the right to lodge a complaint with a supervisory authority (e.g., privacy office) in the jurisdiction where they reside, or where an alleged infringement took place, if they consider that the processing of their personal information has infringed European Union or Canadian privacy law.

Email Notifications

      We may send you email regarding your order information, product or service information, company news, promotions, and legal information.
      We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you the ability to opt in to any marketing communications we send. You may opt out of receiving marketing email communications by following unsubscribe links located at the bottom of each email, by updating your marketing preferences from your Client Area at 

https://www.pearwebhost.com/myaccount/

       or by contacting Customer Service at 

https://www.pearwebhost.com/contact

      From time to time, we may provide you with necessary information (e.g., service-related announcements or legal information) to which you will not be able to opt out.

Security

      We take security seriously, and the security of your personal information is important to us. We employ a variety of security measures to maintain the safety of your personal information when you place an order with us or access your personal information.
      • Your personal information is stored on secure servers or in secure file storage.
      • All sensitive/credit information supplied via our website is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our database, only to be accessed by authorized personnel.
      No method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee its absolute security. Your account information is protected by a password, which you should choose carefully and keep secure. If you disclose your password to a third-party, you may lose considerable control over your personal information and you may risk that legally binding actions be taken on your behalf. If the security of your password has been compromised, for whatever reason, you should change it immediately.
      We encourage the responsible disclosure of vulnerabilities of our website, products, or services by contacting us.

Children

      You must be 13 years of age or older to register with us. We will not knowingly collect any personal information from children under the age of 13. However, if we are made aware that a child under the age of 13 provides us with personal information, we will delete this information from our files, unless we have required to retain the information by law.
      If you are under the age of 16, before you may order or use our products or services, your parent or legal guardian must provide written consent on your behalf to our 

Terms of Service, and this Privacy Policy. In particular, your parent or legal guardian must consent to your information being used for the purposes and for the manner described in this Privacy Policy.

Privacy Officer & Data Protection Team

      If you have any questions regarding our privacy practices or wish to make a complaint, you may contact our Privacy Officer and our Data Protection Team by email at privacy@pearwebhost.com, or by mail at
      Privacy Officer
        Pear Media Inc.

 

        PO Box 12136

 

        Lloydminster, Alberta

 

      T9V 3C4 CANADA

Changes to the Privacy Policy

      We may revise this Privacy Policy from time to time to adapt it to our company, products and services, and legal requirements. We will notify you of any material changes either by displaying a notification on our website or by sending you an email. Any continued use of our website, products, or services after any changes are made to our Privacy Policy will mean that you accept the updated Privacy Policy.
    Effective: 2024-02-20

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